Subdivision Regulations-1980

SUBDIVISION
REGULATIONS
ELIZABETH CITY
NORTH CAROLINA

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STANDARD TITLE PAGE
• Report No.
sr,
3. Recipients Catalog No.
FOR TECHNICAL REPORTS
i —tI e—a-n-d-3 ubtItIa
5. Report Date
April, 10,80
SUBDIVISION REGULATIONS
T.erfarming rganizatron ode
Elizabeth City, North Carolina
7. utho s
. Performing Organization Rept. No.
Elizabeth City Planning Staff (W. S. Richardson, Pl.
.)
9. Performing Organization Name and Address
10. Project/Task/Work Unit No.
Elizabeth City Planning & Community Development Dept.
11. ontraet/ rant No.
City of Elizabeth City
P.O.Box 347, Elizabeth City, NC 27909
2366
12. Sponsoring Agency Name and Address
13. Type of Report & Period Covered
N. C. Department of Nat'l Resources & Community Develcpment
P. 0. Box 27686
Ordinance
ponsoring Agency Code
Raleigh, North Carolina 27611
15. Supplementary Notes
The preparation of this document was financed in part through funds -pro-
vided by the National Oceanic and Atmospheric Administration.
16. Abstracts
The purpose of this Ordinance is to establish procedures and standards for
the development and subdivision of land within the territorial jurisdictio
of the City of Elizabeth City. This document is an update of the SUBDIVIS
REGULATIONS adopted in October, 1972. Changes in State legislation are
reflected herein, as well as revised design criteria.
17. Key Words and Document Analysis. (a). Descriptors
17b. Identifiers/Open-Ended Terms
17c. COSATI Field/Group
18. Distribution Statement
19.Security Class(This Report)
21. No. of Pages
Available to the public from the Elizabeth
UNCLASSIFIED
20.Security Class. IThis Pagel
22.Price
$2.00
City Planning and. Community Development Dept
UNCLASSIFIED
rurm k4--1U)
8M

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SUBDIVISION REGULATIONS
City of Elizabeth City
April -- 1980

Prepared For
ELIZABETH CITY, NORTH CAROLINA
John H. Bell, Jr., Mayor
Tommy M. Combs, City Manager
Citv Council
A. Parker Midgett, Chairman
Joseph B. Anderson
Annie C. Berry
Ann L. Chory
W. D. Gardner
Thomas S. Griffin
J. Frank Weeks
William G. Williams
Prepared By
Planninq Commission
R. L.' Ford, Chairman
A. B. Etheridge
Hersey Combs
Barney Markham.
Henry Parker
THE ELIZABETH CITY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT
William S. Richardson, Planning Director
Michael W. Avery, Community Development Coordinator
Donna Lema Snyder, Planning Technician
Carmalite B. Hooper, Planning Secretary
Hunter W. Jones, Planning Intern
Steven S. Weatherman, Administrative Assistant -Intern
Deborah L. Hardy, Summer Intern
April, 1980

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TABLE of CONTENTS
'
Page
ARTICLE I. Introductory
Provisions
'
Section 1.
Title
1-1
Section 2.
Purpose
1-1
'
Section 3.
Section 4.
Authority
Repeal of Existing Subdivision Regulations
1-1
1-1
Section 5.
Jurisdiction
1-1
Section 6.
Prerequisite to Plat Recordation
1-2
'
Section 7.
Approval of Public Services
1-2
Section 8.
Compliance with Official Plans and Policies
1-2
'
ARTICLE II. Legal Provisions
Section 1.
General Procedure for Plat Approval
2-1
Section 2.
Statement by Owner
2-1
'
Section 3.
Penalties fox Violation
2-1
Section 4.
Separability
2-1
Section 5.
Variances
2-2
'
Section 6.
Amendments
2-2
Section 7.
Abrogation
2-2
Section 8.
Effective Date
2-2
'
ARTICLE III. Definitions
'
Section 1.
Section 2.
General
Tense and Number
3-1
3-1
Section 3.
Word Interpretations
3-1
Section 4.
Definitions
3-2
'
ARTICLE IV. Procedure
for Review and Approval of Subdivision Plats
Section 1.
Plat Shall Be Required on Any Subdivision of Land
4-1
'
Section 2.
Approval Prerequisite to Plat Recordation
4-1
Section 3.
Procedure for Major Subdivisions
4-1
'
Section 4.
Section 5.
Effect of Plat Approval on Dedications
Recording of the Final Plat
4-9
4-9
Section 6.
Abbreviated Procedure for Minor Subdivisions
4-9
Section 7.
Resubdivision Procedures
4-12
'
Section 8.
Information to be Contained in or Depicted on,
4-12
or Submitted With the Preliminary and Final Plats
Section 9.
Certificate and Statement Furnished for All Final Plats
4-16
Section 10.
Issuance of Construction Permits
4-19
Section 11.
Improvement Guarantee
4-19
Section 12.
Maintenance Guarantee
4-20
Section 13.
Defects Guarantee
4-21

'
ARTICLE V.
Required Improvements, Dedication, Reservation, and
Minimum Standards for Design
'
Section
1.
General
5-1
Section
2.
Suitability of Land
5-1
Section
3.
Name Duplication
5-1
'
Section
4.
Alternate Design and Construction Methods, Use,
5-1
and Materials
Section
5.
Construction Prodecures
5_2
'
Section
Section
6.
7.
Placement of Monuments
Oversized Improvements
5-3
5-3
Section
8.
Streets
5-3
Section
9.
Utilities
5-11
'
Section
10.
Layout Design Requirements
5-14
Section
11.
Recreation, Park, and Open Space
5-16
Section
12.
Water Access for Waterfront Subdivisions
5-19..
Section
13.
Bikeways
5-20
'
Section
14.
Natural Assets
5-20
Section
15.
Historic Properties
5-20
'
Section
Section
16.
17.
Emergency Services
Entrance Signs and Lighting
5-21
5-21
Section
18.
Private Developments
5-21
'
ARTICLE VI.
Planned Unit Developments (Group Developments)
Section
1.
General
6-1
Section
2.
Exceptions for Planned Developments
6-1

1-1
ARTICLE I
' INTRODUCTORY PROVISIONS
' Section 1. Title
This ordinance shall be known and may be cited as the Subdivision Regulations
' of the City of Elizabeth City, North Carolina, and may be referred to as the
Subdivision Regulations.
Section 2. Purpose
The purpose of this ordinance is to establish procedures and standards for
'
the development and subdivision of land within the territorial jurisdiction
of the City of Elizabeth City. It is further designed to provide for the orderly
growth and development of the City; for the coordination of streets and highways
'
within proposed subdivisions with existing or planned streets and highways and
with other public facilities; for the dedication or reservation of recreation
areas serving residents of the immediate neighborhood within the subdivision
and of rights -of -way or easements for street and utility purposes; and for the
'
distribution of population and traffic in a manner that will avoid congestion
and overcrowding and will create conditions essential to public health, safety,
and the general welfare. This ordinance is designed to further facilitate
adequate provision for water, sewerage, parks, schools, and playgrounds, and
'
also to facilitate the further resubdivision of larger tracts into smaller
parcels of land.
'
Section 3. Authority
'
This ordinance is hereby adopted under the authority and provisions of the
General Statutes of North Carolina, Chapter 160A, Article 19, Part 2.
' Section 4. Repeal of Existing Subdivision Regulations
Upon the date of adoption of these Subdivision Regulations all provisions of
the Subdivision Regulations of the City of Elizabeth City enacted on June 4,
1974, and thereafter amended, are hereby repealed, except for such sections
expressly retained herein.
Section 5. Jurisdiction
' The regulations contained herein, as provided in G.S. 160A, Article 19, shall
govern each and every subdivision of land (as defined herein) lying within
' the City of Elizabeth City and its extraterritorial jurisdiction as shown on
the Official Zoning Map.

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1-2
Section 6. Prerequisite to Plat Recordation
After the effective date of this ordinance,, each individual subdivision plat
of land within the City's jurisdiction shall have preliminary plat approval by the
City Council with final plat approval by the Planning Commission.
Section 7. Approval.of Public Services
No street shall be maintained by the City nor street dedication accepted for
ownership and maintenance, no construction permits shall be issued, nor shall
water, sewer or other City facilities or services be extended to or connected
with any subdivision for which a plat is required to be approved unless and
until such final plat has been approved by the City of Elizabeth City.
' Section 8. Compliance with Official Plans and Policies
licies
' All subdivisions shall comply with the principals, goals and/or objectives of
the Land Use Plan, Open Space & Recreation Plan, The Comprehensive Plan: Housing
Element, and all other officially adopted plans and policies of the City of
' Elizabeth City, then in effect. Such plans and policies include, but are not
limited to:
'
(a) Thoroughfare Plan
Where a proposed subdivision includes any part of a thoroughfare
which has been designated as such upon the officially adopted thor-
oughfare plan of the City, such part of such thoroughfare shall
be platted by the subdivider in the location shown on the plan and
at the width specified in this ordinance, except that the City Council,
on recommendation of the Planning Commission, may excempt the sub-
'
divider from complying with those aspects of a thoroughfare plan
which have become outdated, to the extent permitted by law.
(b) School Sites on Land Use Plan
'
If the City Council and Elizabeth City-Pasquotank Board of Education
have jointly determined the specific location and size of any school
sites to be reserved and this information appears in the comprehensive
land use plan, the Planning Commission shall immediately notify the
'
Board of Education whenever a sketch plan for a subdivision is sub-
mitted which includes all or part of a school site to be reserved.
'
The Board of Education shall promptly decide whether it still wishes
the site to be reserved. If the Board does wish to reserve the site,
the subdivision shall not be approved without such reservation. The
Board of Education shall then have eighteen (18) months beginning on
'
the date of final approval of the subdivision within which to acquire
the site by purchase or by initiating condemnation proceedings. If
the Board of Education has not purchased or begun proceedings to con-
demn the site within eighteen (18) months, the subdivider may treat
the land as freed of the reservation.

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(c) Zoninq and other Plans
Similarly, proposed subdivisions must comply in all respects with
the requirements of the zoning ordinance in effect in the area to
be subdivided, and any other officially adopted plans, except that
if a plan has become outdated, the City Council may, upon recommen-
dation of the Planning Commission, waive the compliance requirement
with those aspects of the plan which are outdated, to the extent
permitted by law.
1- 3

2-1
ARTICLE II
LEGAL PROVISIONS
' Section 1. General Procedure for Plat Approval
After the effective date of this ordinance, no subdivision plat of land
' within the City's jurisdiction shall be filed or recorded until a preliminary
plat or sketch plan has been submitted to and approved by the City Council
and a final plat approved by the Planning Commission as set forth in Article
' VI of this ordinance, and until this approval is entered in writing on the
face of the plat by the Chairman of the Planning Commission.
' The City of Elizabeth City shall file a copy of this ordinance with the Register
of Deeds of Pasquotank County. The Register of Deeds shall not thereafter file
or record a plat of a subdivision of land located within the territorial juris-
diction of the City that has not been approved in accordance with these provi
' sions, nor shall the Clerk of Superior Court order or direct the recording of a
plat if the recording would be in conflict with this section.
ISection 2. Statement by Owner
' The owner of land shown on the subdivision plat submitted for recording, or his
authorized agent, shall sign a statement on the plat stating whether or not any
land shown thereon is within the subdivision regulation jurisdiction of the City.
' Section 3. Penalties for Violation
' After the effective date of this ordinance, any person who, being the owner or
agent of the owner of any land located within the territorial jurisdiction of this
ordinance, thereafter subdivides his land in violation of this ordinance or trans-
fers or sells land by reference to, exhibition of, or any other use of a plat
showing a subdivision of land before the plat has been properly approved under the
terms of this ordinance and recorded in the office of the Pasquotank County Register
of Deeds, shall be quilty of a misdemeanor. The description by metes and bounds
in the instrument of transfer or other document used in the process of selling or
transferring land shall not exempt the transaction from this penalty. The City,
through its attorney or other official designated by the City Council, 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 and/or
imprisonment as provided by G.S. 14-4.
Section 4. Separability
' Should any section or provision of this ordinance be decided by a court of compe-
tent jurisdiction to be unconstitutional or invalid, such decision shall not
affect the validity of the ordinance as a whole or any part thereof other than
' the part so declared to be unconstitutional or invalid.

2-2
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Section 5. variances
Where, because of severe topographical or other conditions peculiar to the site,
strict adherence to the provisions of this ordinance would cause an unnecessary
hardship, the Board of Zoning Adjustments may, on recommendation of the Planning
Commission, authorize a variance to the terms of this ordinance only to the extent
that is absolutely necessary and not to an extent which would violate the intent
of this ordinance. Where a variance is recommended to the Board of Adjustments,
the reasons for such shall be noted in the .minutes of the Planning Commission.
Section 6. Amendments
The City Council may from time to time amend the terms of this ordinance, but
no amendment shall become effective unless it shall have been proposed by or
shall have been submitted to the Planning Commission for review and recommenda-
tion. The Planning Commission shall have thirty (30) days within which to submit
its report. If the Planning Commission fails to submit a report within the
specified time, it shall be deemed to have approved the amendment.
Section 7. Abrogation
It is not intended that this ordinance repeal, abrogate, annul, impair, or inter-
fere with any existing easements, covenants, deed restrictions, agreements, rules,
regulations, or permits previously adopted or issued pursuant to law. However,
where this ordinance imposes greater restrictions, the provisions of this ordinance
shall govern.
Section 8. Effective Date
This ordinance shall take effect and be in force from and after the 14th day of
April, 1980.
Duly adopted by the City Council of the City of Elizabeth City, North Carolina,
this the 14th day of April, 1980.

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ARTICLE III
' DEFINITIONS
' Section 1. General
For the purpose of these Regulations, certain numbers, terms and words used
' herein shall be used, interpreted and defined as follows:
Section
2. Tense and Number
'
Unless the context clearly indicates to the contrary:
'
(a)
Words used in the present tense include the future tense and the
future tense includes the present tense.
(b)
Words used in the singular number include the plural number and
the plural number includes the singular number.
'
Section
3. Word Interpretations
(a)
The word "may" is permissive.
'
(b)
The words "shall" "will"
and are mandatory and not discretionary.
'
(c)
The word "City" shall mean the City of Elizabeth City, North Carolina.-
(d)
The word "building" includes the word structure and any part thereof.
'
(e)
The words "Register of Deeds" shall mean the Register of Deeds for
Pasquotank County, North Carolina.
(f)
The word "Regulations" shall mean these Regulations (the Subdivision
'
Regulations of the City of Elizabeth City, North Carolina) and shall
include the word "Ordinance."
'
(g)
The word "herein" means within these Regulations.
(h)
The word "hereto" means accompanying these Regulations.
"thereto"
(i)
The word means accompanying the specified item(s).
(j)
The word "street" includes the words road, cul-de-sac, highway, and
'
thoroughf are .
' (k) The word "lot" includes the words plot, parcel and tract.
(1) Where a regulation involves two (2) or more items, conditions, pro-
visions or events connected by the conjunction "or" or "and/or,"
' the conjunction shall be interpreted as follows:

3-2
(1) "AND" indicates that all the connected items, conditions,
provisions or events shall apply.
(2) "OR" indicates that the connected items, conditions,
provisions or events shall apply.
(3) "AND/OR" indicates that the connected items, conditions,
provisions or events may apply singly or in combination as
is appropriate.
(m) The word "includes" shall not limit the term to specified examples,
but i-- intended to extend its meaning to all other instances or
circumstances of like kind or character.
Section 4. Definitions
(a) Approved - Any standard procedure, provision, construction,
improvement or plat which has been either reviewed or inspected
and found to be in compliance with and acceptable in accordance
with the plans and policies officially adopted by the City of
Elizabeth City then in effect.
(b) Base Flood Elevation and Base Flood Elevation boundary lines -
The elevation (given in feet above mean sea level) to or above
which the lowest habitable floor of structures shall be elevated
as designated on the Flood insurance Rate Zones Maps.
(c) Bikeway - A new right-of-way or portion of an existing right-of-way
restricted for the exclusive use of bicycles.
(d) Block - A parcel of land which is bound by streets, highways and/
or railroad rights -of -way, parks or open space, undeveloped land,
water courses or bodies of water, channels or a combination thereof.
(e) Building - Any structure built for the support, shelter or enclosure
of persons, animals, chattels or movable property of any kind and
includes any structure or portion thereof.
(f) Building Setback Line - A line parallel to the front property line
in front of which no structure shall be erected.
(g) CAMA - Coastal Area Management Act, 1974, as amended.
(h) City Council - The City Council of the City of Elizabeth City.
(i) Corner Lot - A lot abutting upon two (2) or more streets at their
intersection.
(j) Dedication - A gift, by the property owner, of a right to use land
for stated purposes. This gift is generally made to the general
public or to certain specific members of the public, notably pur-
chasers of lots. However, a dedication in itself is not a commit-
ment on the part of the City of Elizabeth City or any other govern-
ment entity to maintain or develop said property.

3-3
' (k) Developer or Subdivider - Any person, firm or corporation who owns
or has an interest in land and causes it, directly or indirectly,
'
to be divided into a subdivision as defined herein.
(1)
Double Frontage Lot - A continuous (through) lot accessible from
both streets upon which in fronts. Corner lots fronting on three
'
(3) streets are included.
(m)
Easement - Authorization by a property owner for the use of land
by another for a specific purpose. No transfer of ownership is
'
involved. Although lard located within an easement is generally
consumed into the property of an individual lot owner, the ease-
'
r - shall remain free of structures or any aboveground level
improvements in order to allow personnel from the appropriate
agencies unobstructed access in order to maintain the easement
for its specific purpose.
'
(n)
Half Street - A street whose centerline coincides with a subdivi-
sion plat boundary, with one-half (1/2) the street right-of-way
width being contained within the subdivision plat. Also, any
'
existing street to which the parcel of land to be subdivided abuts
on only one side.
'
(o)
Homeowners Association - An incorporated, non-profit organization
established by a developer or an association of property owners
whose membership shall consist of individual property owners
'
within a subdivision and operating under recorded legal agreements.
(p)
Lot - A tract, plot or portion of a subdivision, or any other
parcel of land intended as a unit for the purpose, whether immediate
'
or future, or transfer of ownership or for building development or
both.
'
(q)
Lot Types:
(1) Corner Lot. A lot located at the intersection of two or more
' streets. A lot abutting on a curved street or streets shall
be considered a corner lot if straight lines drawn from the
foremost points of the side lot lines to the foremost point
' of the lot meet at an interior angle of less than one hundred
thirty-five (135) degrees.
(2) Double Frontage Lot. A continuous (through) lot which is
' accessible from both streets upon which it fronts.
(3) Interior Lot. A lot other than a corner lot with only one
' frontage on a street.

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(4) Through Lot or a "Double Frontage Lot". A lot other than a
corner lot with frontage on more than one street. Through
' lots abutting two streets may be referred to as double frontage
lots.
' (5) Reversed Frontage Lot. A lot on which the frontage is at right
angles or approximately right angles (interior angles less
than one hundred thirty-five (135) degrees) to the general
pattern in the area. A reversed frontage lot may also be a
corner lot, an interior lot or a through lot.
' (6) Single -Tier Lot. A lot which backs upon a limited access high-
way, a railroad, a physical barrier, or another type of land
use and to which access from the rear is usually prohibited.
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(r) Official Maps or Plans - Any map, plans or policies officially
adopted by the City Council of the City of Elizabeth City.
(s) Open Space - An area (land and/or water) generally lacking in manmade
structures and reserved for enjoyment in its unaltered state.
(t) Planned Unit Development (Group Development) - A land development pro-
ject comprehensively planned as an entity via a unitary site plan
which permits flexibility in building siting, mixtures of building
types and land uses, recreational areas and usable open spaces and
the preservation of significant natural features. Included within
this definition shall be planned unit residential developments and
planned unit non-residential developments or combinations thereof.
(u) Planning Commission - The Elizabeth City Planning Commission.
(v) Plan, Sketch - A plan prepared on or from an accurate and legible
topographic survey which delineates in simple sketch form the pro-
posed development layout as well as the existing conditions of the
site to be subdivided. The sketch plan is an integral part of the
pre -application conference which provides a visual aid for discussion
purposes and enables the subdivider to save time and expense in
reaching general agreements with the review departments and agencies
as to the form of the plans or plats and the objectives of the Regu-
lations prior to the preparation of the preliminary plat and other
required detailed plans.
(w) Plat - A map or plan which delineates:
(1) A tract or parcel of land which is to be, or which has been,
subdivided;
(2) A tract or parcel of land to be officially dedicated for public
or private use;
(3) A right-of-way for street or utility purposes to be dedicated
for public or private use; or
(4) Any combination thereof.

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The cord "plat" shall include the terms "map", "plot," "plan,"
'
"plat," "replat," or "replot."
(x)
Plat, Preliminary A plan prepared in accordance with the require-
ments of this Ordinance, drawn to scale, which delineates the pro-
posed layout of the subdivision including, but not limited to, road
and lot layout, utilities, topography, drainage and all proposed
facilities in sufficient detail. The preliminary plat preceeds
'
the final plat preparation.
(y)
Plat, Final - A plat prepared in accordance with the requirements
'
of this Ordinance in a form suitable for -recording with necessary
affidavits, dedications and with complete bearings and dimensions
of all lines defining lots, streets, public and private areas, and
other dimensions of lard required by this Ordinance. The final plat
'
shall be approved and recorded prior to the sale of land within the
subdivision as defined herein.
(z)
Private Driveway - A roadway serving two (2) or fewer lots, building
'
sites or other division of land and not intended to be public ingress
or egress.
'
(aa)
Private Street - An undedicated private right-of-way which affords
access to abutting properties.
'
(bb)
Public or Community Sewage Disposal System - A system serving two (2)
or more dwelling units and approved by the District Health Department
and the North Carolina Department of Natural Resources and Community
'
Development.
(cc)
Public Water Supply - Any water supply furnishing potable water to
ten (10) or more residences or businesses, or combination of resi-
dences and businesses. Approval by the Sanitary Engineering Division,
State Board of Health, Department of Human Resources is required.
'
(dd)
Recreation, Park and open Space - Land dedicated or reserved for the
purpose of providing activities that are diversionary in character
and aids in promoting environment, pleasure, relaxation, instruction
and other physical, mental and cultural development and leisure time
'
experiences.
'
(1) Public. Land dedicated to, or reserved for, the public and
which will be for the use, benefit and enjoyment of all citizens,
and which does not place age, race, sex, or economic restric-
tions upon the potential users of such land.
(2) Private. Land dedicated or reserved for the use of certain speci-
fic members of the public, notably purchasers of lots within the
subdivision. The land is either owned and maintained by the.sub-
divider or transferred to a legally established homeowners asso-
ciation.

3-6
' ee ( ) Reservation An obligation by a property owner to keep designated
property free from development for a specified period of time for
' a specified purpose. No transfer of property is involved in a
reservation.
' (ff) Street Classifications
(1) Public Street. A right-of-way for vehicular traffic dedicated
' and accepted for public use.
(2) Private Street. A right-of-way for vehicular traffic which
is constructed for a select portion of the public.
(gg) Street Types
' (1) Rural
a.) Principal Arterial. A rural link in a network of continuous
' routes serving corridor movements having trip length and
travel density characteristics indicative of substantial
statewide or intrastate travel and existing solely to serve
' traffic. This network would consist of interstate routes
and other routes designed as principal arterials.
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b.) Minor Arterial. A rural link in a network joining cities
and larger towns and providing intrastate and intercounty
service at relatively high (55 mph) overall travel speeds
with minimum interference to through movement. This network
would primarily serve traffic.
c.) Major Collector. A road which serves major intracounty
travel corridors and traffic generators and provides access
to the arterial system.
d.) Minor Collector. A road which provides service to small
local communities and links locally important traffic
generators with their rural hinterland.
e.) Local Road. A local road serves primarily to provide
access to adjacent land and for travel over relatively
short distances.
(2) Urban
a.) Major Thoroughfare. Major thoroughfares consist of interstate,
other freeway and expressway links, and major streets that
provide for the expeditious movement of volumes of traffic
within and through urban areas.
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b.) Minor Thoroughfares. Minor thoroughfares are important
'
streets in the city system and perform the function of
collecting traffic from local access streets and carrying
it to the major thoroughfare system by facilitating a
minor through traffic movement and may also serve abutting
'
property.
'
c.) Local Street. A local street is any link not part of a
higher -order urban system which serves primarily to provide
direct access to abutting land and access to higher systems.
It offers the lowest level of mobility and through traffic
'
is usually deliberately discouraged.
(3) Specific Type Rural or Urban Streets
'
a.) Cul-De-Sac. A cul-de-sac is a short street having but one
end open to traffic with the other end permanently terminated
'
and a vehicular turnabout provided.
b. Frontage Road.
g A frontage road is a local street or road that
is parallel to a full or partial access controlled facility
'
and functions to provide access to adjacent land.
c.) Alley. A strip of land, owned publicly or privately, set
aside primarily for vehicular service access to the back
'
or side of properties otherwise abutting on a street.
d.) Expressway. An expressway is a divided street or road which -
serves through traffic with full or partial control of access
and generally with grade separations at intersections, however
infrequent access at grade crossings may be permitted.
'
f.) Freeway. A freeway is a divided street or road which serves
through traffic with full control of access and with grade
separations at intersections.
(hh) Structure - Any combination of material to form a construction that is
safe and stable, including among others, buildings, stadiums, reviewing
t
stands, platforms, stagings, observation towers, radio towers, water
tanks and towers, trestles, piers, wharves, sheds, bins, shelters,
fences and display signs. The term structure shall be construed as
'
if followed by the words "or part thereof."
(ii) Subdivision - All divisions 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 all divisions of land involving the dedication of a new street
or a change in existing streets, but the following shall not be included

3-<
t
within this definition nor be subject to the regulations as specified
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 City as
prescribed by the Zoning and Subdivision Ordinances;
'
(2) The division of land into parcels greater than ten (10) acres
where no street right-of-way dedication is involved and where
the resultant lots are equal to or exceed the standards of the
'
City as prescribed by the Zoning and Subdivision Ordinances;
(3) The public acquisition by purchase of strips of land for the
' o
widening or opening of streets; and
(4) The division of a tract in single ownership whose entire area is
' o\
^'
no greater than two (2) acres into not more than three (3) lots,
where
no street right-of-way dedication is involved, and where
the resultant lots are equal to or exceed the standards of the
�+
City as prescribed by the Zoning and Subdivision Ordinances.
The
'
CL
*(5) Division of a tract in sinale ownership whose entire area
I
Q
may be greater than two (2) acres into not more than three (3)
lots
o
where:
'
a.) No street right-of-way dedication is involved;
b.) No utility extension is necessary;
c.) The resultant lots are equal to or exceed the standards
0
U
of the City as prescribed by the ZONING and SUBDIVISION
�
ORDINANCES; and
LJ
d.) Where, in the opinion of the Planning Director, to require
subdivision and plat approval would cause undue hardship
' .0
and expense to the owner.*
0
3j) Subdivision Administrator - The person authorized by the City Manager
'0
to administer this Ordinance.
aU
'
(D
kk) Technical Review Committee
Cn v
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(1) Composition. The Technical Review Committee shall consist of
-�
the Subdivision Administrator, the Director of Public Works,
vDirector
Co
of Parks and Recreation, Chief Building Inspector, Super -
intendent
n
of Electrical Utilities, Fire Chief, and the Planning
Director,
C
or their authorized representatives. The Subdivision
Administrator
o
shall serve as Chairman and may have the authority
to invite
representatives of additional agencies for assistance.
The Chief Building Inspector
'
^
shall serve as Chairman in the
absence of the Subdivision Administrator.
(2) Authority. The Technical Review Committee shall review and make
c�
recommendations to the Planning Commission for all proposed major
or minor subdivisions as defined herein. The Technical Review
c
¢ .+
Committee shall be empowered to obtain additional data or informa-
tion
'
from subdividers where such information is deemed necessary
by the
Committee to provide for an adequate review.
'
(3) Responsibilities, The Chairman shall ensure proper not
of all
Technical Review Committee meetings (to include the meeting
date, place,
time, and items to be reviewed by the Committee) in
advance of the
'
meeting date and present the recommendations of
the Committee
to the Planning Commission. _.

4-1
' ARTICLE IV
PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION PLATS
' Section 1. Plat Shall Be Required on Any Subdivision of Land
' Pursuant to G.S. 160A-372, a final plat shall be prepared, approved, and
recorded pursuant to the provisions ,of this ordinance whenever any subdivi-
sion of land takes place.
' Section 2.
Approval Prerequisite to Plat Recordation
' Pursuant to G.S. 160A-373, no final plat of a subdivision within the juris-
diction of the City of Elizabeth City as established in Article I, Section 5,
of this Ordinance, shall be recorded by the Register of Deeds of Pasquotank
' County until it has been approved by the Planning Commission of the City of
Elizabeth City as provided herein. To secure such approval of a final plat,
the subdivider shall generally follow the procedures established in this Article.
Section 3. Procedure for Major Subdivisions
' For every subdivision within the territorial jurisdiction established by
Article I, Section 5, of this Ordinance, which does not qualify for the abbre-
viated procedure outlined in Section 6 of this Article, the following steps
' shall apply:
(a) Pre -Application Conference
' (1) A pre -application conference between a subdivider and the Sub-
division Administrator shall occur prior to any presentation to
' the Technical Review Committee and Planning Commission. Any
effort to secure this conference is the sole responsibility of
the subdivider or his agent.
' The primary purpose of this conference is to provide assistance
and guidance to the subdivider for the swift and least interrupt -
able review of the proposed subdivision. To ensure an equal
' understanding this conference will provide a mutual exchange of
basis information that is needed to facilitate and clarify the
requested review process for all subdivisions.
' (2) To carry out the purpose of the pre -application conference, the
subdivider and the Subdivision Administrator shall be responsible
for the following actions:
' a.) Actions by the Subdivider
1.) The subdivider shall present an outline, drawing, sketch
or draft of the area to be subdivided that will accurately
provide site information for reasonable discussion.

' 4-2
1
2.) The subdivider shall provide general site information
regarding water supply, sewage disposal, surface and
'
subsurface drainage, flood hazard areas, street dedi-
cations and soil erosion/sedimentation control require-
ments for the development of the tract.
'
3.) Any further supportive plans or information that may be
required for the determination of review status.
'
b.) Actions by the Subdivision Administrator
1.) The Subdivision Administrator will provide to the sub-
divider all necessary guidance as to the required review
process for the particular tract in question based upon
the information given by the subdivider and the following
tpoints
of public concern:
-a- The subdivider will be informed if a change in
zoning shall be required for the subject tract
'
or part thereof.
The subdivider must initiate any necessary rezoning
'
applications.
In no event will any final plat be presented for
approval prior to the City Council's approval of
'
the requested zoning change.
'
-b- Direct assistance to the subdivider to ensure full
compliance with the Subdivision Regulations.
-c- Outline the other public agencies that the subdivider
'
must approach for explicit direction.
-d- Any further information that will aid the subdivider
'
to meet the requirements of the review process.
(b) Sketch Plan Submission
'
(1) General
a.) A sketch plan shall be submitted to the Subdivision Administrator
'
for presentation of all subdivisions.
b.) The subdivider shall submit one (1) original sketch plan
drawn or transposed on a topographic survey and four (4)
black or blue line copies.
' (2) Content - The sketch plan shall contain or provide the following
information for the entire contiguous land holding of the sub-
divider:
a.) The name of the subdivision and its location by municipality
or township, county and state.

4-3
b.) Vicinity map showing the location of the subdivision in
' relation to neighboring tracts, subdivisions, roads, and
waterways.
' c.) Name, address, and telephone number of the owner and/or
subdivider.
'
d.)
North arrow and scale.
e.)
The existing and proposed uses of the land within the sub-
division and the existing uses of land adjoining it.
f.)
Total the be
acreage of tract to subdivided.
g.)
Minimum lot size and the total number of lots.
h.)
Base Flood Elevation line conforming to the 100-year and
'
500-year Flood boundary as delineated on the "Flood Insurance
Rate Map, City of Elizabeth City."
i.)
The boundaries of the tract and the portion of the tract
'
to be subdivided.
j.)
The proposed street right-of-way and lot layout.
'
k.)
Streets and lots of adjacent developed or platted properties.
1.)
The zoning classification of the tract and of adjacent
properties.
m.)
Tentative surface and subsurface drainage.
'
n.)
Location of all existing or proposed water and sewer lines
and sizes.
o.) Approximate location of land to be dedicated or reserved
for public or private use (parks, recreation areas or
open space) and the a?proximate amount of area.
' p.) Approximate location of existing structures.
' q.) Land contours with vertical intervals of not more than
two (2) feet in mean sea level datum.
r.) The location of all designated Areas of Environmental
Concern within the subdivision.
s.) Proposed street names
t.) Any additional information which would be supportive to
the review process as required by the Subdivision Administrator.

4-4
'
(c) Sketch Plan Review
'
(1) Technical Review Committee. The sketch plan shall be submitted
to the Subdivision Administrator at least fourteen (14) days
prior to the Technical Review Committee meeting at which time it
'
will be reviewed. At the time of filing a fee of $50 (from 1-10 units)
plus $1.00/unit over ten shall be paid.*
The Technical Review Committee shall review the sketch plan and
design with the developer for general compliance with the require-
ments of this Ordinance and other official plans, ordinances, and
policies of the City; the Technical Review Committee shall advise
'
the subdivider or his authorized agent of the results of the
review and regulations pertaining to the proposed subdivisions;
and recommend any changes deemed desirable.
'
It shall be the duty of the Subdivision Administrator to insure
that the following agencies have an opportunity to review and
make recommendations concerning the proposed subdivision:
'
a.) The District Health Department and/or County Engineer, as
appropriate, for proposed water and sewerage systems.
b.) Elizabeth City-Pasquotank Board of Education Superintendent
as to proposed school sites.
' c.) The Army Corps of Engineers, as appropriate for effects on
the waterways in the county, a flood hazard elevation for
the property and any permits which will be required.
' d.) The Department of Natural Resources and Community Development
if the property lies within or has an affect upon a designated
Area of Environmental Concern, and the development appears to
' require a CAMA Permit for Major Development.
e.) The Soil and Water Conservation District staff as to flood
hazard, soil types, limitations and suitable erosion control,
water management and plant cover.
' f.) The Pasquotank County County Manager and Albemarle Regional
Planning and Development Commission in order to better coor-
dinate area -wide housing development.
' g.) Such other agencies and officials as the Technical Review
Committee may deem necessary or desirable.
' The Technical Review Committee shall make recommendations to the
Planning Commission including any recommendations received from
other City, County and State agencies and officials reviewing the
sketch plan.
(2) Planning Commission. The sketch plan shall be submitted to the
Planning Commission members in a reasonable period of time prior
tto the meeting at which it will be reviewed.
' * Adopted by City Council, June loth, 1986.

4-5
The Planning Commission shall receive the recommendations of the
Technical Review Committee and review the sketch plan for general
compliance with requirements of this Ordinance and other official
plans, ordinances, and policies of the City. The Planning Com-
mission shall discuss with the subdivider, before submission of
'
a preliminary plat, changes deemed advisable, if any, and the kind
and extent of improvements to be made by him.
Upon completion of the Planning Commission review, one copy of
'
the sketch plan shall be retained as a part of the minutes of
the Planning Commission, with one copy being returned to the
subdivider or his authorized agent with the recommendations of
i
the Planning Commission.
c
b
v
Lfa (d)
Preliminary Plat Submission
'
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00
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.�
(1) General
M
L
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a.) For every subdivision which does not qualify for the abbre-
viated procedure outlined in Section 6, the subdivider shall
N
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submit to the Subdivision Administrator a preliminary plat
+
3
which must be reviewed by the Technical Review Committee and
'
ao
Planning Commission, and approved by the City Council before
�
any construction or installation of improvements can begin.
'
L
L
a
b.) The subdivider shall submit six (6) copies to the Subdivision
Administrator.
a)
L
a•
o
c.) Concurrent with submission of the preliminary plat to the
'
s
o
Subdivision Administrator, the subdivider shall submit copies
w �
of the preliminary plat and any accompanying material to
o.,..,
those public officials and agencies concerned with new develop-
'
o
v
ment, including where applicable, but not limited to, the
w
District Health Department (two copies) and County Engineer,
N
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the District Engineer of the North Carolina Department of
Transportation (five copies), the County Soil Conservation
voi w
Service Office, and other agencies and officials deemed
necessary or desirable, for review and recommendation. The
Subdivision Administrator and/or Planning Commission will
'
advise the subdivider concerning which agencies are applicable
*
for a given plat.
'
�(2)�Co.�tent. Preliminary plat shall be at a scale not to exceed one
inch equals two hundred feet (1"=200') and shall depict or contain
the information required in Section 8.
'
(e)
Preliminary Plat Review
(1) Technical Review Committee. The preliminary plat shall be submitted
'
to the Subdivision Administrator at least fourteen (14) days prior
to the Technical Review Committee meeting at which time it will be
reviewed. The Committee shall review the preliminary plat for
general compliance with the requirements of this Ordinance and
other official plans, ordinances, and policies of the City. The
Technical Review Committee shall make recommendations to the
' * Amended by City Council June 10th, 1986.

4-6
'
Planning Commission including any recommendations received
from other public officials and agencies reviewing the plat or
concerned with new development.
'
(2) Planning Commission. The preliminary plat shall be submitted
to the Planning Commission members in a reasonable period of time
'
prior to the meeting at which it will be reviewed. The Planning
Commission shall receive the recommendations
of the Technical
Review Committee and review the preliminary plat for general
compliance with the requirements of this Ordinance and other
'
official plans, ordinances, and policies of the City. The
Planning Commission shall review and approve or disapprove
each preliminary plat within thirty (30) days after its first
'
consideration of the plat.
If the plat is approved, approval shall be noted on four (4)
'
copies of the plat by the Planning Commission Chairman. Two
(2) copies shall be transmitted to the City Manager,
who shall
forward them to the City Council, one (1) copy shall be returned
to the subdivider, and one (1) copy shall be retained by the
'
Planning Commission. If the preliminary plat is disapproved,
the Planning Commission shall specify the reasons for such action
in writing. One (1) copy of the reasons and one (1) copy of the
plat shall be retained by the Planning Commission, one. (1) copy
'
of the reasons and two (2) copies of the plat shall be given to
the subdivider, and one (1) copy of the reasons and one (1) copy
'
of the plat shall be transmitted to the City Council. If the
preliminary plat is disapproved, the subdivider may make the
recommended changes and submit a revised preliminary plat to
the Planning Commission or appeal the decision to the City Council.
t(3)
City
Council. If the Planning Commission approves the preliminary
plat, the City Council shall review and approve or disapprove the
preliminary plat within sixty (60) days after its first considera-
tion of the plat. If the City Council approves the preliminary
plat, such approval shall be noted on both copies of the plat. One
'
(1) copy of the plat shall be forwarded by the City Manager to the
Planning Commission and one (1) copy of the plat shall be to
given
the subdivider. If the City Council disapproves the preliminary
plat, it shall give the subdivider one (1) copy of its reasons in
'
writing and one (1) copy of the plat and shall instruct the sub-
divider concerning possible resubmission of the plat either to the
Planning Commission or City Council if deficiencies can be corrected.
'
Upon approval of the preliminary plat by the City Council, the
subdivider may proceed with the preparation of the final plat,
'
and the installation of or arrangement for required improvements
in accordance with the approved preliminary plat and the
requirements of this Ordinance. Prior to -approval of a
final plat, the subdivider shall have installed the improvements

I
4-7
in accordance with the approved preliminary plat and the require-
ments of this Ordinance, or guaranteed their installation as
provided in Section 11. Preliminary plat approval shall in no way
be construed as constituting an official action of approval for
'
recording of the subdivision as required by this Ordinance.
(f) Final Plat Submission
'
(1) General
a.) No final plat will be accepted for review by the Planning
'
Commission unless accompanied by written notice by the
City Clerk acknowledging compliance with Section 11 of this
Article.
'
b.) The final plat shall constitute only that portion of the
preliminary plat which the subdivider proposes to record
and develop at this time; such portion shall conform to
all requirements of this Ordinance. No final plat shall be
approved unless and until the subdivider shall have installed
in that area represented on the final plat all improvements
'
required by this Ordinance or shall have quaranteed their
installation as provided in Section 11.
c.) The subdivider shall submit the final plat, so marked, to the
'
Subdivision Administrator not less than fourteen (14) days
prior to the regular Technical Review Committee meeting at
which it will be considered; further, the plat shall be sub-
mitted not more than twelve (12) months after the date on which
the preliminary plat was approved, otherwise such approval
shall be null and void, unless a written extension of this
'
time limit is granted by the Planning Commission on or before
the one (1) year anniversary of the approval.
d.) The final plat shall be prepared by a surveyor licensed and
'
registered to practice in the State of North Carolina. The
final plat shall substantially conform to the provisions for
'
plats; subdivisions, and mapping requirements as set forth in
G.S. 47-30.
e.) Five (5) copies of the final plat shall be submitted; two
'
(2) of these shall be suitable for reproduction (drawn in
ink on linen, vellium, or film or a reverse sepia); three
(3) shall be black or blue line paper prints.
'
f.) Final plats shall be of a size suitable for recording with
the Pasquotank County Register of Deeds and shall be at a
scale of not less than one (1) inch equals two hundred (200)
'
feet. Maps may be placed on more than one (1) sheet with
appropriate match lines.

4-8
g.) Submission of the final plat shall be accompanied by a
' filing fee of $100.00 or $6_00 per lot, whichever is greater
(2) Content
' a.) The final plat shall depict or contain the information
required in Section 8.
' b.) The appropriate certificate forms as set forth in Section 9
shall appear on all five (5) copies of the final plat.
' (g) Final Plat Review
(1) Technical Review Committee. The final plat shall be submitted to
' the Subdivision Administrator at least fourteen (14) days prior to
the Technical Review Committee meeting at which time it will be
reviewed. The Technical Review Committee will review the final
' plat for conformity with the approved preliminary plat and for
general compliance with the requirements of this Ordinance and
other official plans, ordinances, and policies of the City.
The Committee shall make recommendations to the Planning Commis-
sion concerning compliance with the approved preliminary plat,
including any recommendations or concerns received from other
public officials and agencies reviewing the plat or concerned
' with new development.
(2) Planning Commission.
' a.) The final plat shall be submitted by the Subdivision Adminis-
trator to the Planning Commission members in a reasonable
period of time prior to the meeting at which time it will
' be reviewed. The Planning Commission shall review the
recommendations of the Technical Review Committee and review
the final plat for compliance with the Council -approved
' preliminary plat and other official plans, ordinances and
policies of the City.
b.) During its review of the final plat, the Planning Commission may
' appoint an engineer or surveyor to confirm the accuracy of
the final plat if agreed to by the City Manager. If substan-
tial errors are found, in the opinion of the City Council, the
' costs shall be charged to the subdivider and the plat shall
not be approved until such errors have been corrected.
' c.) The Planning Commission shall review the final plat and shall
approve or disapprove the plat within thirty (30) days after
its first consideration. If the Planning Commission finding
' that the final plat is in compliance with the Council -approved
preliminary plat, approves the final plat, such approval shall
be indicated on each copy of the plat by the signed Certificate
of Approval for Recording, as set forth in Section 9. Upon
' approval, the original tracing and one (1) print of the plat
shall be returned to the subdivider. One (1) reproducible.
tracing and one (1) print shall be retained by the Planning
' Commission for its records and one (1) print shall be forwarded
to the Chief Building Inspector.
Amended -by City- Council ---June -- - ----_ _----

4-9
d.) If the final plat is not in compliance with this Ordinance
' or if the Planning Commission finds changes affecting sub-
stantial compliance to the Council approved preliminary plat,
the subdivider shall be given an opportunity to submit a
' revised final plat. If a revised final plat is not submitted
and the Planning Commission disapproves the final plat, the
Planning Commission shall state in writing such action,
specifying the provisions of this Ordinance or the plans and
' policies with which the plat does not comply. One (1) copy
of this statement shall be transmitted to the subdivider
within fifteen (15) days of disapproval; one (1) copy shall
' be retained by the Planning Commission as a part of its pro-
ceedings and one (1) copy shall be sent to the City Manager
for the City Council.
' Section 4. Effect of Plat Approval on Ded
ications
dications
' Pursuant to G.S. 160A-374, the approval of a plat shall not be deemed to constitute
or effect the acceptance by the City or public of the dedication of any street or
other ground, public utility line, or other public facility shown on the plat.
' However, the City Council may by resolution accept any dedication made to the
public of lands or facilities for streets, parks, public utility lines, or other
' public parposes, when the lands or facilities are located within its subdivision
regulation jurisdiction. Acceptance of dedication of lands or facilities located
within the subdivision regulation jurisdiction but outside the corporate limits
of the City shall not place on the City any duty to open, operate, repair, or
' maintain any street, utility line, or other land or facility, and the City shall
in no event be held to answer in any civil action or proceeding for failure to
open, repair, or maintain any street located outside its corporate limits.
1
Section 5. Recording of the Final Plat
' When approval of the final plat has been given by the Planning Commission, the sub-
divider shall deposit with the Subdivision Administrator sufficient fees to record
the final plat and any additional documents with the Register of Deeds.
Section 6. Abbreviated Procedure for Minor Subdivisions
The abbreviated procedure affords the sale of lots and/or tracts of land which
qualify as subdivisions under the definition in the State Statutes, but which
' have less impact on the City than would a subdivision which was larger or required
more extensive improvements. Subdivisions of land which involve no street right-
of-way dedication, no utility extension, where the entire tract to be subdivided
is five (5) acres or less in size, and where four (4) or fewer lots result after
' the subdivision is completed require submission of a sketch plan and a final plat
in accordance with the procedures in Section 3, of this Article, but no preliminary
plat is needed. Furthermore, the abbreviated procedure may not be used a second
' time within three (3) years on any property less than fifteen hundred (1500) feet
from the original property boundaries by anyone who owned, had an option on, or
any legal interest in the original subdivision at the time the subdivision received
' final plat approval.

4-10
All minor subdivisions shall be reviewed and given approval by the following
steps:
' (a) Pre -Application Conference
All minor subdivisions shall be initiated with a pre -application con-
ference as provided in Section 3(a) of this Article.
' (b) Sketch Plan Submission and Review
'
(1) General. All general provisions for minor subdivisions shall
conform to the provisions of Section 3(b)(1) of this Article.
(2) Content. All content provisions for minor subdivisions shall
conform to the provisions of Section 3(b)(2) of this Article.
(c) Sketch Plan Review
'
(1) Technical Review Committee. The sketch plan shall be submitted
to the Subdivision Administrator at least fourteen (14) days prior
'
to the Technical Review Committee meeting at which time it will be
reviewed.
The Technical Review Committee shall review the sketch plan and
'
design with the developer for general compliance with the require-
ments of this Ordinance and other official plans, ordinances and
'
policies of the City; the Technical Review. Committee shall advise
the subdivider or his authorized agent of the results of the review
and regulations pertaining to the proposed subdivision; and recom-
mend any changes deemed desirable.
'
It shall be the duty of this Subdivision Administrator to insure
that the following agencies have an opportunity to review and make
'
recommendations concerning the proposed subdivision, if appropriate:
a.) The District Health Department and/or County Engineer, as
'
appropriate, for proposed water and sewerage systems.
b.) Elizabeth City-Pasquotank Board of Education Superintendent
as to proposed school sites.
'
c.) The Army Corps of Engineers as appropriate, for effects on
the waterways in the county, a flood hazard evaluation for
the property and any permits which will be required.
d.) The Department of Natural Resources and Community Development
'
if the property lies within or had an affect upon a designated
Area of Environmental Concern.
e.) The Soil and Water Conservation District staff as to flood
' hazard, soil types, limitations and suitable erosion control,
water management and plant cover.
' f.) The Pasquotank County County Manager and Albemarle Regional
Planning and Development Commission in order to better
coordinate area -wide housing development.

4-11
'
g.) Such other agencies and officials as the Technical Review
Committee may deem necessary or desirable.
tThe
Technical Review Committee shall make recommendations to the
Planning Commission including any recommendations received from
'
other City, County and State agencies and officials reviewing
the sketch plan.
(2) Planning Commission. The sketch plan shall be submitted by the
'
Subdivision Administrator to the Planning Commission members in
a reasonable period of time prior to the meeting at which time it
will be reviewed.
'
The Planning Commission shall receive the recommendations of the
Technical Review Committee and review the sketch plan for general
'
compliance with requirements of this Ordinance and other official
plans, ordinances, and policies of the City. The Planning Com-
mission shall discuss with the subdivider changes deemed advisable,
if any, and the kind and extent of improvements to be made by him.
'
Upon
completion of the Planning Commission review, one (1) copy
of the sketch plan shall be retained as a part of the minutes of
the Planning Commission with one (1) copy being returned to the
subdivider or his authorized agent with the recommendations of
the Planning Commission to the City Council. The Planning Commis-
'
sion shall transmit three (3) copies of the sketch plan and their
recommendations to the City Council.
(3) City Council. The sketch plan and Planning Commission recommenda-
tions shall be submitted to the City Council.
The City Council shall approve, approve conditionally, or dis-
approve the sketch plan:
a.) Approval of the sketch plan is authorized for the sub-
divider to proceed with the design of the necessary improve-
ments in preparation for submission of the final plat.
b.) If approved conditionally. the conditions and reasons thereof
'
shall be stated and if necessary, the City Council may require
the subdivider to submit a revised sketch to the Planning
Commission.
'
c.) If the City Council should disapprove the sketch plan, the
reasons for such action shall be stated and recommendations
made on the basis of which the proposed subdivision would
'
be approved.
If the City Council approves the sketch plan, one (1) copy shall
be retained by the City Council, one (1) copy forwarded by the
'
City Manager to the Planning Commission, and one (1) copy given to
the subdivider. If the City Council disapproves the sketch plan,
'
it shall provide the subdivider one (1) copy of the plat and retain
one (1) copy for its records.

4-12
City Council review and sketch plan approval shall in no way be
' construed as constituting an official action of approval for
recording of the subdivision by the City Council, as required
by this Ordinance.
' (d) Final Plat Submission and Review
Upon approval of the sketch plan by the City Council, the subdivider
' may proceed with the preparation of the final plat, and the installa-
tion of or arrangement for required improvements in accordance with
Section 3(f), 3(g), 4, 5, of this Article.
Section 7. Resubdivision Procedures
For any replatting or resubdivision of land, the same procedures, rules and
regulations shall apply as prescribed herein for an original subdivision. Lot
sizes may, however, be varied on an approved plan after recording, provided that:
no lot or tract shall be created or sold that is smaller than the size shown on
the approved plan; drainage easements shall not be changed; rights -of -way shall
not be changed; street alignment and block sizes shall not be changed; the prop-
erty lines between the back of the lots shall not be changed; the rear portion
of the lots shall not be subdivided from the front part; the character of the
area shall be maintained.
Section 8. Information to be Contained in, Depicted on, or Submitted With
the Preliminary and Final Plats
The preliminary and final plats shall depict or contain the information indicated
in the following table. An "X" indicates that the information is required on the
final plat. An "O" indicates that the information need not be shown on the preli-
minary or final plats, but must be submitted with the plat for review.
Information
----The name of the subdivision
Preliminary Plat Final Plat
' ----A sketch vicinity map showing the relationship X X
between the proposed subdivision and surrounding
area at an appropriate scale
----A topographic map showing vertical contours X
every two (2) feet or less
----The name of the township, county and state X X
in which the subdivision is located
I
----Corporate limits, township boundaries, county X X
lines if on the subdivision tract
0

Information Preliminary
Plat
(Continued)
----The names, addresses and,telephone numbers of
0
all owners, registered surveyors, land planners,
architects, landscape architects, and profes-
sional engineers responsible for the subdivision
----The registration numbers and seals of the
professional engineers and registered surveyors
----Date of plat preparation
X
----Date of survey
X
----Scale denoted both graphically and numerically
X
----The base flood elevation line conforming to the
X
100-year and 500-year Flood Boundary as deline-
ated on the "Flood Insurance Rate Map, City of
Elizabeth City"
----North arrow and declination
X
----The boundaries of the tract or portion
X
thereof to be subdivided, distinctly and
accurately represented with all bearings
and distances shown
----The exact boundary lines of the tract to be
subdivided, fully dimensioned by lengths and
bearings, and the location of existing boundary
lines of adjoining lands
----The names of owners of adjoining properties
X
----The names of any adjoining subdivisions
X
of record or proposed and under review
----Minimum building set back lines
X
----The zoning classifications of the tract to
X
be subdivided and on adjoining properties
----Existing property lines on the tract to be sub-
X
divided and on adjoining properties
----Existing buildings or other structures,
X
water courses, railroads, bridges, culverts,
storm drains, both on the land to be sub-
divided and land immediately adjoining
4-13
Final Plat
O
X
X
X
X
X
X
X
X
X
X
X

Infnrmatinn
(Continued)
Preliminary Plat
----The blocks numbered consecutively throughout
the subdivision and the lots numbered consecu-
tively throughout each block
----Wooded areas, marshes, swamps, rock outcrops, X
ponds or lakes, streams or stream beds and any
other natural features affecting the site,
including the location of known areas subject
to flooding.
----Proposed streets, existing and platted streets X
' on adjoining properties and in the proposed sub-
division, rights -of -way, pavement widths, approxi-
mate grades, design engineering data for all corners
and curves, and typical street cross sections.
' If any street is proposed to intersect with a state
maintained road, the subdivider shall apply for
driveway approval as required by the North
' Carolina Department of Transportation, Division
of Highways' Manual on Driveway Regulations.
----Street names X
----Right-of-way lines and pavement widths
of all streets
' ----The location and dimensions of all rights- X
of -way, utility or other easements, riding
' trails, natural buffers, pedestrian or
bicycle paths, parking and recreation areas,
school sites and all areas to be dedicated to
' public use, as well as all areas to be used
for purposes other than residential, with the
purpose of each stated
' The future ownership (dedication for public X
use to governmental body, for owners to duly
constituted homeowners' association, or for
' tenants remaining in subdivider's ownership)
of recreation and open space lands
----The plans for utility layouts including sani- 0
tary sewers, storm sewers, water distribution
lines, natural gas, telephone and electric ser-
vice, illustrating connections to existing sys-
tems or plans for individual water supply systems
and sewage disposal systems. Plans must show line
sizes, the location of fire hydrants, blowoffs,
manholes, pumps, force mains and gate valves
Final Plat
X
X
X
M
X
X
0
4-14

Informatinn
(Continued)
----Letters of tentative and final approval of
water supply and sewage disposal plans by
appropriate county and state authorities
Preliminary Plat
X
----Certificate of Approval from the designated 0
Coastal Area Management Act (CAMA) Permit
Officer certifying compliance with Area of
Environmental Concern (AEC) guidelines
Piofiles based upon Mean Sea Level datum for 0
sanitary sewers and storm sewers
---Type of street dedication; all streets must be X
designated either "public" or "private". Where
public street dedications are involved, the
subdivider must submit the following documents
to the City's Director of Public Works and the
N.C. Department of Transportation, District
Highway Office for review: A complete site
layout, including any future expansion antici-
pated; horizontal alignment indicating general
curve data on site layout plan; vertical align-
ment indicated by percent grade, PI station,
and.verticle curve length on site plan layout;
(the Director of Public Works or the District
Engineer may require the plotting of the ground
profile and grade lines for roads where special
conditions or problems exist); typical section
indicating the pavement design and width and the
slopes,widths and details for either the curb and
gutter or the shoulder and ditch proposed; drainage
facilities and drainage areas, or those documents
hereafter required by the N. C. Department of
Transportation. Documents for Department of
Transportation review in this paragraph may be
omitted if the proposed street is in the City
limits and will never be put on the State system.
----A copy of any proposed deed restrictions or 0
' similar covenants. Such restrictions are
mandatory when private recreation areas
are established
11
----Site calculations including: 0
--Acreage in total tract to be subdivided
--Acreage in parks and other non-residential uses
--Total number of parcels created
--Acreage in the smallest lot in the subdivision
--Linear feet in streets
Final Plat
idr
n
4-15

4-16
' Information
(Continued)
----The name and location of any property
'
within the subdivision or within any
contiguous property, that is listed on
'
or is eligible for listing on the U.S.
Department of the Interior's National
Register of Historic Places; likewise
any property that has been designated
by local ordinance as a "Historic
Property" pursuant to G.S. 160A-19(3B);
likewise any property that has been
designated by local ordinance as an
'
"Historic District" pursuant to G.S.
160A-19(3A).
----Sufficient surveying data to determine
readily and reproduce on the ground every
straight or curved line, street line, lot
line, right-of-way line, easement line,
and setback line, including dimensions,
bearings, or deflection angles, radii,
central angles, and tangent distances
for the center line of curved property
lines that are not the boundary line of
curved streets. All dimensions shall
be measured to the nearest one -tenth
of a foot and all angles to the nearest
minute.
----The accurate locations and descriptions
of all monuments, markers and control
points.
All appropriate certification forms
required in Section 9 of this Article.
Preliminary Plat
X
----Any other information considered by either X/O
the subdivider, Planning Commission or
City Council to be pertinent to the review
of the plat.
Section 9. Certification and'Statement Forms for all Final Plats
Final Plat
11
X
X
X
X/O
(a) The following certificates, as appropriate, shall appear on all
copies of the final plat which are submitted to the Technical
Review Committee by the subdivider:

4-17
'
(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, which is located
'
in the subdivision jurisdiction of the City of Elizabeth
City and that I (we) hereby adopt this plan of subdivision
'
with my (our) free consent, establish minimum building setback
lines, and dedicate all streets, alleys, walks, parks, and
other sites and easements to public or private use as noted.
Furthermore, I (we) hereby dedicate all sanitary sewer, storm
'
sewer and water lines to the City of Elizabeth City."
I Owner
' Date Owner
(2) Certificate of Survey and Accuracy
III,
certify that this map
was (drawn by me) (drawn under my supervision) from (an actual
' survey made by me) ( an actual survey made under my supervision)
(deed description recorded in Book , Page , 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;)* that this map is true
' and correct to the best of my knowledge. Witness my hand and
seal this day of A.D., "
t
Registered Land Surveyor
' Registration Number
' * This wording is optional. Plats recorded in Pasquotank County are exempt
from G. S. 47-30, but many local surveyors comply with its requirements.

4-1F
LI
(3) Certificate of Approval of the Design and Installation
of Streets, Utilities, and Other Required Improvements
"I hereby certify that all streets, utilities and other
required improvements have been installed in an acceptable
manner and according to City specifications and standards
in the Subdivision or that guaran-
tees of the installation of the required improvements in an
amount and manner satisfactory to the City of Elizabeth City
has been received, and that the filing fee for this plat, in
the amount of $ has been paid."
' City Clerk
Date
' _Subdivision Administrator
'
(4) Certificate of Approval for Recording
"I hereby certify that the subdivision plat shown hereon has
'
been found to comply with the Subdivision Regulations for
Elizabeth City, North Carolina, and that this plat has been
approved by the Planning Commission of the City of Elizabeth
City for recording in the office of the Register of Deeds of
'
Pasquotank County."
'
Chairman, Elizabeth City Planning Commission
(b) The following statements shall appear on the final plat, if applicable:
'
(1) Acknowledgement of Compliance (Private Developments)
I, 0 (name of
developer/and/or seller), hereby certify that the parks, open
space and other areas delineated hereon and dedicated to private
use shall not be the responsibility of the public or the munici-
pality, acting on behalf of the public, to maintain. Furthermore,
prior to entering any agreement or any conveyance with any prospec-
tive buyer, I shall prepare and sign, and the buyer of the subject
'
real estate shall receive and sign, an acknowledgement of receipt
of a disclosure statement. The disclosure statement shall fully
and completely disclose the private areas and include an explana-
tion of the consequences and responsibilities as to the maintenance
of the private areas, and shall fully and accurately disclose the
'
party or parties upon whom the responsibility for construction and
maintenance of such private areas shall rest.
'
Date
'
Developer and/or Seller

4-IS
(2) All structures to be constructed, improved or rehabilitated
within the area delineated as the 100-year and the 500-year
flood area on the "Flood Insurance Rate Map, City of Elizabeth
City" shall be constructed, improved or rehabilitated in con-
formance with the Flood Plain Ordinance of the City of Elizabeth
City. 11 - .
(3) All lots as depicted on the plat meet or exceed the minimum area
and dimensional requirements of the zoning district -in which
located.
(4) This easement is established for the purpose of the planting of
' trees or other types of vegetation and/or the preservation herein
of existing vegetation; the erection of structures herein is pro-
hibited.
' Section 10. Issuance of Construction Permits
' (a) Upon approval of the preliminary plat, the subdivider may secure a
construction permit from the Inspections Department.
'
(b)
Construction permits must be issued prior to the installation of any
improvements. The construction permit shall allow the subdivider to
commence construction of all approved improvements. Such improvements
shall be installed in accordance with the approved plans and in com-
pliance with this Ordinance and amendments made thereto, and other
City standards and specifications normally required by the Director
of Public Works.
Section
11. Improvements Bond and Security Guarantee
(a)
If the subdivider should petition the Planning Commission for final
plat approval prior to the completion of the required improvements,
the subdivider shall provide a bond with security for the said improve-
ments in the amount of not less than 100% or more than 124% of•the con-
tract price for the improvements of the proposed final plat which have
not been completed and approved by the City at the time of the final
'
plat submission.
(b)
The bond shall be in an amount equal to the cost as estimated by the
subdivider and approved by the Technical Review Committee for completing
'
all required improvements. The estimate shall also contain a maximum,
but reasonable, time limit for improvements to be completed.
'
(c)
The security for the bond shall be provided in one of the following
methods to be determined by the City:
t 1) Irrevocable letter of credit from a bank or other reputable
financial institution deposited with the City Clerk;
r
NOTE: THE LOTS SHOWN AND DESCRIBED HEREON ARE NOT LO
CATED
IN A FLOOR HAZARD AREA (100 yr. or 500 yr. AS DETERMINED
BY HUD/FIA FLOOD MAP.

4-2
11
2) Note secured by a deed of trust on the property to be developed
(or on other property owned by the'developer(s) in Pasquotank
County); monies derived from each sale of the property to be
applied to the satisfaction of the bond;
3) Pledge of savings account with any properly insured financial
institution;
4) Deposit of cash or certified check with City Clerk;
5) Giving of a performance or surety bond executed by a company
duly licensed to do business in the State of North Carolina.
(d) If any portion of the required improvements shall fail to be accepted
or dedicated in compliance with this Section within the allocated time
period, either for reason of incompletion or for reason of substandard
construction, then the Planning Commission shall take the following
actions:
1) Where the bond for improvements has been secured under this
Section, the Planning Commission shall require a statement from
the Technical Review Committee as to the reason for incompletion.
2) The Planning Commission shall declare and report to the City Council
that the bond is in default.
(e) The City Council shall immediately take the actions necessary to enforce
and collect the security given in Section 11(c) and shall use the pro-
ceeds to finance the'completion of the improvements or the rebuilding
of such improvements to the proper specifications. .Unused portions of
the proceeds, if any, shall be returned to the subdivider. -
(f) Upon acceptance and approval of the final portion of the improvements
by the City agencies of responsibility, the Planning Commission shall
declare and report to the City Council its recommendations to release
the bond and security. The City Council shall, at its satisfaction,
release the bond and security to the developer.
' Section 12. Maintenance Guarantee
When the final plat is approved and the bond and security provided in Section 11 is
released, the subdivider shall deposit with the City Clerk a letter in which said
' subdivider shall agree to maintain backfill abd any improvements located thereon and
therein and any ditch which has been dug in connection with the installation of such
improvemetns. Such letter shall be binding on the subdivider for a period of one (1)
' year after the acceptance of such improvements by the City of Elizabeth City.
' Section 13. Defects Guarantee
When the final plat is approved and the bond and security provided in Section 11 is
released, then the subdivider shall provide a bond by one of the methods in Section
' 11(c) of this Article, guaranteeing to the City, against defects for one year, all
I
Sections 12 & 13 amended by City Council January 4, 1988.

4-2:
utility taps, curbs, gutters, street pavement, sidewalks, drainage facilities,
water and sewer lines and other improvements. Such amount shall be determined by
the Planning Commission upon recommendation of the Technical Review Committee.
If the subdivider shall correct and rectify all defects arising within one year,
then the bond and its security shall be released to the subdivider.
Amended by City Council June 1, 1981.

1
5-1
' ARTICLE V
REQUIRED IMPROVEMENTS, DEDICATION, RESERVATION, MINIMUM
' STANDARDS OF DESIGN
Section 1. General
(a) Each subdivision shall contain the improvements specified in this
' Article, which shall be installed in accordance with the requirements
of this Ordinance and paid for by the subdivider. Each subdivision
shall be required to reserve and dedicate land as specified in this
' Article, and shall adhere to the minimum standards of design established,
by this Article.
(b) Whenever topographic or other physical conditions of the site require
' more stringent engineering -practices or standards, such standards and
practices shall be utilized and followed in the design of a subdivision.
The City Council, upon recommendation of the Planning Commission, may
' waiver those standards that place a physical, but not an economic,
hardship on the subdivider due to existing topographic or other physi-
cal condition on the site.
Section 2. Suitability of Land
' Land subject to flooding, improper drainage, erosion or that is for topographic
of other reasons unsuitable for residential use shall not be platted for residen-
tial use nor for any other uses that will continue or increase the danger to
' health, safety, or property unless the hazards can be and are corrected. Deter-
mination of unsuitability shall be made by the City Council upon the recommenda-
tion of the Planning Commission on the basis of appropriate engineering or other
' expert surveys.
Section 3, Name Duplication
The name of the subdivision shall not duplicate nor closely approximate the name
of an existing subdivision within Pasquotank County.
Section 4. Alternative Design and Construction Methods, Use and Materials
' The design and construction standards as specified herein and appendices hereto
shall be minimum requirements. These minimum requirements are not intended to
prevent alternate design, construction methods or construction materials not
1

5-2
' specifically prescribed herein provided any such alternate has been approved and
its use authorized by the City Council. The City Council may approve any such
alternative provided they find that the proposed design is satisfactory and com-
plies with the minimum requirements as specified herein and that the material,
method or work offered is, for the purpose intended, at least the equivalent of
the minimum requirements as specified herein. Sufficient evidence or proof
t shall be submitted to the Technical Review Committee for technical review to
substantiate any claim that may be made regarding an alternate method, use or
material.
'
Section
5. Construction Prodecures
'
(a)
Commencement
No construction or installation of improvements shall commence in a
proposed subdivision until the preliminary plans have been approved
'
by the appropriate authorities and unless a construction permit has
been issued.
'
(b)
Access
All public agencies shall have access to the premises and structures
'
of a subdivision under this Ordinance during reasonable hours to make
those inspections as deemed necessary by them to ensure compliance
with the provisions of this Ordinance.
'
(c)
Inspection
'
The subdivider and/or his contractors, prior to commencing any work
within the subdivision, shall make arrangements with those public
agencies charged with the enforcement of the provisions of this
Ordinance to provide for adequate inspection of his improvements.
The approving authorities having jurisdiction or their representatives
'
shall inspect and approve all completed work prior to release of the
improvements guarantee.
'
(d)
Sedimentation and Erosion Control
The subdivider shall comply with all requirements of the "North
'
Carolina Sedimentation Pollution Control Act of 1973", and any
locally adopted sediment control ordinances.
' (e) Existing Flora
The subdivider shall make every effort to protect and retain all
' existing trees, shrubbery, and grasses not actually living in
public roadways, drainageways, building foundation sites, public drive-
ways, soil absorption waste disposal areas, paths and trails. Such
trees are to be protected and preserved during construction in accor-
dance with sound conservation practices. Temporary vegetation and
mulching shall be used to protect critical areas, and permanent vege-
tation shall be installed as soon as possible.

5-3
I
I
(f) Construction
(1) Construction at any given time shall be confined to the smallest
practical area and for the shortest practical period of time.
(2) No construction above the foundation shall be allowed before the
water mains and fire hydrants are installed and operating as
approved by the Fire Department for fire protection.
(3) Construction debris shall be removed prior to final plat approval
or as provided for in Article IV, Section 11, Improvements Guarantee.
Section 6. Placement of Monuments
Unless otherwise specified by this Ordinance, the Manual of Practice for Land
Surveying as adopted by the N. C. State Board of Registration for Professional
Engineers and Land Surveyors, under the provisions of G.S. 89-16 shall apply
when conducting surveys for subdivisions; to determine the accuracy for surveys
and placement of monuments, control corners, markers, and property corner ties;
to determine the location, design, and material of monuments, markers, control
corners, and property corner ties; and to determine other standards and proce-
dures governing the practice of land surveying for subdivisions.
Section 7. Oversized Improvements
The City of Elizabeth City may require installation of'certain oversized
utilities such as water mains in excess of eight (8) inches in diameter and
sewer lines in excess of eight (8) inches in diameter when it is in the interest
of future development. If the City requires the installation of such oversize
improvements, the City shall pay for that portion of the improvement which
exceeds the standards set forth in this Ordinance, unless the nature of the sub-
division itself requires the oversized improvements.
Section 8. Streets
(a) Coordination and Continuation of Streets. The proposed street layout
within a subdivision shall be coordinated with the existing street
sytsem of the surrounding area, and, where possible, existing princi-
pal streets shall be extended.
(b) Access to Adjacent Properties. Where, in the opinion of the City
Council, it is necessary to provide for street access to an ajoining
property, proposed streets shall be extended by dedication to the
boundary of such property and a temporary turnaround shall be provided.
The use of residential strips of land in order to prevent the exten-
sion of proposed or existing streets or access there to is prohibited.
(c) Subdivision Street Disclosure Statement - "Public" or "Private" Street
Designation (G.S. 136-102.6)

5-4
1
11
(1) All streets shown on the final plat must be designated either
"public" or "private" and designation as "Public" is to be con-
clusively preseumed an offer of dedication to the public.
(2) All "public" streets outside the corporate limits of Elizabeth
City and State System streets inside the corporate limits of
Elizabeth City have rights -of -way and construction meeting stan-
dards set by the Secondary Roads Council for acceptance and
maintenance as part of the State system of highways. The Division
of Highways, through its District Highway Engineer, must approve
the plat with respect to all such streets prior to recording and
must approve all streets inside municipalities which appear on
the Major Street Plan. Without such approval, the plat cannot
be recorded.
(d) Marginal Access Streets. Where a tract of land to be subdivided
adjoins a principal arterial street, the subdivider may be required
to provide a marginal access street parallel to the arterial street
or reverse frontage on a minor street for the lots to be developed
adjacent to the arterial. Where reverse frontage is established,
private driveways shall be prevented from having direct access to
the principal arterial.
(e) Street Names and Name Signs. Proposed streets which are obviously
in alignment with existing streets shall be given the same name. In
assigning new names, duplication of existing names shall be avoided
and in no case shall the proposed name be phonetically similar to
existing names irrespective of the use of a suffix such as street,
road, drive, place, court, etc. Street names shall be subject to the
approval of the Planning Commission. The subdivider shall be required
to provide and erect street name signs to City standards at all inter-
sections within the subdivision. '
(f) Through Traffic Discouraged on Collector and Minor Streets. Collector
and minor streets shall be so laid out that their use by through traf-
fic will be discouraged. Streets shall be designed or walkways dedicated
to assure convenient access to parks, playgrounds, schools, and other
places of public assembly.
(g) Sidewalks. Sidewalks may be required by the City Council on one or
both sides of the street in areas likely to be subject to heavy pedes-
trian traffic such as near schools and shopping areas. Such sidewalks
shall be constructed to a minimum width of four (4) feet and shall con-
sist of a minimum thickness of four (4) inches of concrete and six (6)
inches of concrete at driveway crossings. All sidewalks shall be

5-5
' placed in the right-of-way unless the development is platted as a
planned unit or group development.
' (h) Design Standards. The design of all streets and roads within
Elizabeth City's extraterritorial jurisdiction shall be in accor-
dance with the accepted policies of the North Carolina Department
of Transportation, Division of Highways, as taken or modified from
' the American Association of State Highway and Transportation Officials
(AASHTO) manuals.
Ll
H
The provision of street rights -of -way shall conform and meet the
requirements of the Elizabeth City Thoroughfare Plan as approved
by the Planning Commission and adopted by the City Council and the
North Carolina Department of Transportation Division of Highways.
The urban planning area shall consist of that area within the urban
planning boundary as depicted on the mutually adopted Elizabeth City
Thoroughfare Plan. The rural planning area shall be that area outside
the urban planning boundary.
(i) Right -of -Way Widths. Right-of-way widths shall not be less than the
following and shall apply except in those cases where right-of-way
requirements have been specifically set out in the Elizabeth City
Thoroughfare Plan:
Rural
Principal Arterial
Freeways
Other
Minor Arterial
Major Collector
Minor Collector
Local Road
Urban
Right -of -Way, in Feet
400
200
100
100
90
60
Major Thoroughfare other than
Freeway and Expressway 90
Minor Thoroughfare 70
Local Street 60
Cul-de-sac 60
(i) Alternate Right-of-way Width: See page S-Sa 100 diameter for turnaround
(j) Maximum Dedication. The subdivider will only be required to dedi-
cate a maximum of one hundred (100) feet of right-of-way. In cases
where over one hundred (100) feet of right-of-way is desired, the
subdivider will be required only to reserve the amount of excess of
one hundred (100) feet. In all cases in which right-of-way is sought
for an access controlled facility, the subdivider will only be
required to make a reservation.

5-5a
' (i) Alternate Right-cf-wav Width: U the request of the subdivider
P� q der and
proper review and recommendation by the Technicai Review Committee and
' the City Planning Commission. the City Council may approve the
following as alternate right-of-way widths.
' TYPE OF STREET RIGHT-OF-WAY IN FEET
Major Collector 60
' Minor Collector 50
Minor Collector or Allev 30
(with roll curb or valley gutter)"
' (k) )alley Curb & Gutter: Upon the request of the subdivider and upon
con't. proper review and recommendation by the Technical Review Committee and
the Planning Commission, the City Council may approve valley Curb and
' gutter as herewith specified or consistent with NCDOT standard
specifications. Refer to drawings Fig. 1, 2, and 3.
"Alternative Pavement Widths: Upon request of the subdivider and
' proper review and recommendation by the Technical Review Committee and
the Planning Commission, the City Council may approve the following as
alternate pavement widths. Alternate pavement widths are subject to
' final approval by the City Council.
TYPE AND STREET WIDTHS STREETS WITHOUT
DESCRIPTION CURB & GUTTER CURB & GUTTER
' MEASURED BACK TO BACK (in feet)
(in feet)
' Major Collector
30" curb & gutter 36'
' Major Collector
30" or 24" 31'
curb & gutter
' Minor Collector
24" curb & gutter
or roll curb 30'
' Minor Collector 27'
roll curb
Minor & Alley
roll curb or
valley gutter
22 '
Above amendments approved by City Council September 5, 1989.
11

SIDE VIEW
VUrrt! JS Alq,rrf
► 10 Ma'am
TOP VIEW
0
RESIDENTIAL STREET with
\6" ADRO C.
VALLEY GUTTER 4" BCBC.
SPECIAL. NOTE
MR SIDEWALK APPLICATIONS EXCEPT ARTERIAL TIIF
PLANTING STRIP MAYBE 3' WIDEAN THIS APPLICAFION
GRADING LIMIFS SHALL BE ii BEHIND BACK OF CURB
NOTES:
1. THE ELEVATION OF THE SIDEWALK SHALL BE NOT LESS THAN SIX INCITES OR MORE THAN
EIGIIFEEN INCITES ABOVE THE ROADWAY CROWN. THIS ELEVATION DIFFERENTIAL
SHALL ISE CONSISTENI WITHIN EACH BLOCK.
2 ALL DRIVEWAY WIDTHS TO BE DETERMINED BY THE
3 ALL CONCRETE TO BE 3600 PSI. STRENGTH.
Ott VISIONS 4 ALL CONSTRUCTIO"I PRACTICES. INCLUDING COMPACTION.. CURING, FINISHING. AND
►Io o:Ii ascp�riio� :_ ETC. SHALL BE IN ACCORDANCE WITH THE Ki
_ !s1
APPIIOVIO Cliff N
CILAND DERIL I ENTTY
CRAnFn nRj%/F«1nv
.,_.,._ _

V2" EXPANSION JOINT
FRAME.GRATE AND
HOOD STANDARD NQ 20.02
1/2" EXPANSION
JOINT --
FRAME . GRATE AND
HOOD STANDARD
NQ 20.02
REVISIONS
NO I DATE I DESCRIPTION
EXPANSION JOINT
_LEY GUTTER
STANDARD NO.10.17
V2" EXPANSION JOINT
,,e--VALLEY GUTTER
STANDARD NO. 10.17
ti 2•� Gi
t=1
APPROVED DATE W
CITY OF ELIZABE H CITY ( CATCH RnqinI �� A� 1 ,^ 1 1 LAND_ pEYELOP�ENT

6' 2'•O" •
12"RAO.� 3 • RAG.
V8 AD.
2' 6" CURB AND GUTTER
25"RAG.
iW
• n�
_ 2
18"RAD.
2'-d' VALLEY GUTTER
REVISIONS
NO D►tE DESCRIPTION
6" 1=0M
1/C RAD.
3�� RAD.
' • �� �V8"RAQ
'•, • 1T0
1
1-6"CUR@ AND GUTTER
GENERAL NOTES
COIIIRACTION JOtNtS SHALL BE SPAC(0 AT 10 FOOT INTERVALS, EXCEPT THAT
A b FOOT SPACING MAY BE USED WHEN A MACHINE IS USED OR WHEN SATISFACTORY
SUPKAT FOR THE FACE FORM CAN BE OBTAINED WITHOUT THE USE Of TEMPLATES
AT $0 FOOT INTERVALS JOINT SPACING MAY BE ALTERED BY THE ENGINEER TO
PREVENT UIICONTROLLEO CRACItING
CONIRACTION JOINTS MAY BE INSTALLED Or THE USE OF TEMPLATES OR
0`01040 BY OTHER. ANNMED MEtHOOS. W1dRE SUCH JOINTS ARE NOT FORMED BY
IIMPLATES, A MINIMUM Di PTH OF 1 H/2• SHALL DE 041AINED
ALL CLVAT6ACh0N J131N1$ SHALLet FILLED WITH JOINT SEALER
(1,PAN:ION JOINTS SHALL BE SPACED AT 90 FOOT INTERVALS, AND ADJACENT
TO Au RIGID 00.1ECt5
JOINTS SHALL MATCH LOCATIONS WITH JOINT IN ABUTTING SIDEWALK.
CONCRETE SHALL BE 3600 PSI. IN 241 DAYS.
JONTT SEALER•
I/9
/e RAD.-\tom SURFACE OF GUTTER
_-
JOINT F4LER
TRANSVERSE EXPANSION JOINT
IN CURB AND GUTTER
APPROVED DATE
ClTANDFDFV l CITY

5-6
(k) Pavement Widths. Pavement widths or graded widths
shall be as
follows:
Streets With Streets Without
'
Curb & Gutter
Curb & Gutter
(measured back-to-
back of curb)
(in feet)
(in feet)
'
Principal Arterial
521
48
Minor Arterial
52
48
Major Collector
52
48
Minor Collector
34
24
'
Local Road/Street
32
24
Marginal Access (Frontage)
32
24
'
Cul-de-sac
Cul-de-sac turnaround
32
80 in diameter
24
80 in diameter
1 Plus median requirements as
determined by North Carolina Department
of Transportation.
'
(k) additional regulations found on page
5-5a
(1) Road and Street Construction.
A-1 subdivision streets and roads shall
be constructed to meet the current2 requirements of
the North Carolina
'
Department of Transportation,
Division of Highways'
standards for State
maintenance, or the standards
of this Ordinance, whichever is stricter.
'
2 The requirements that are in
effect at the time the final plat is
approved.
' (m) Tangents. A tangent of at least one hundred (100) feet shall be
between tween reverse curves on all streets.
(n) Street Intersections. Street intersections shall be laid out as
follows:
(1) All streets shall intersect as nearly as possible at right angles
' and no street shall intersect at an angle of less than sixty (60)
degrees.
(2)
Intersections with arterials, collectors and thoroughfares as
'
defined in Article III shall be at least one thousand (1,000)
feet apart measured from centerline to centerline, or more if
'
required by the City Council.
(3)
Where a centerline offset (jog) occurs at an intersection, the
distance between centerlines of the intersecting streets shall
'
not be less than one hundred twenty-five (125) feet.
(4)
Sight distance at intersections shall be provided in accordance
'
with the zoning ordinance of the City of Elizabeth City.
(5)
Where a street intersects a State maintained highway, the design
'
standards of the North Carolina Department of Transportation shall
apply.

5-7
(o)
Half Streets. The dedication of half streets of less than sixty
(60) feet at the perimeter of a new subdivision shall be prohibited.
'
If circumstances render this impracticable, adequate provision for
the concurrent dedication of the remaining half of the street shall
'
be furnished by the subdivider. where there exists a half street in
an adjoining subdivision, the remaining half shall be provided by the
proposed development. However, a partial width right-of-way, not less
than sixty (60) feet in width may be dedicated when adjoining undeveloped
'
property is owned or controlled by the subdivider; provided that the
width of the partial dedication is such as to permit the installation
of such facilities as may be necessary.to serve abutting lots. When
the adjoining property is subdivided, the remainder of the full required
'
right-of-way shall be dedicated.
'
(p)
Cul-de-sacs. Permanent deadend streets shall not exceed five hundred
(500) feet in length unless necessitated by topography and shall have
a turnaround having the dimensions stated in Section 8, Subsections
(i) and W.
1
(q)
Alleys. Alleys are prohibited in residential blocks unless approved
by the City Council. All alleys shall be designed in accordance with
the Department of Transportation, Division of Highway's specifications
'
and standards and shall meet the following requirements:
t Right-of-way width 20 feet
- Minimum centerline radius when
deflection angle of more than
ten (10) degrees occurs 35 feet
' ----- Minimum turnaround diameter of
deadend alley (right-of-way width) 80 feet
' (r) Geometric Characteristics. The standards outlined below shall apply
to the State Highway System or City street system. In cases where
a subdivision is sought adjacent to a proposed thoroughfare corridor,
' the requirements of dedication and reservation discussed under right-
of-way shall apply.
(1) Design speed.
The design speeds for
subdivision -type
streets
'
shall be:
Desirable (Minimum)
'
Rural
Minor
Collector Roads
60
(50)
Local
Roads
50
(40)
'
Urban
Major
thoroughfares other
than
freeway or expressway
60
(50)
Minor
thoroughfares
60
(40)
'
Local
streets
40
(30)
1

5 -f
(2) Maximum and minimum grades. The maximum grades in percent
shall be:
' Design Speed, MPH
ro ro S ro S b
4
'
off. Q Az aoi
0 0 o A o
o Ln o u� o u� o r1
%D -- o !- �n -- 4 C
'
Type of Topography
Flat - NCSHC Division 1 3 3 4 5
'
(4) (5) (5) (6)
The minimum grade in no case shall be less than 0.3% with a
desirable grade no less than 0.5%.
'
Grades for 100 feet each way from intersections shall not
exceed five percent (5%).
(3) Minimum sight distances. In the interest of public safety,
'
the minimum sight distance applicable shall be provided in
every instance. Vertical curves that connect each change
'
in grade shall be provided and calculated using the following
parameters. (General practice calls for vertical curves to
be multiples of one hundred (100) feet. Calculated lengths
should be rounded up in each case.)
'
Design Speed,
MPH 30 40 50 60
Stopping Sight Distance
'
Minimum stopping distance, ft*. 200 275 350 475
Desirable stopping distance, ft. 200 300 450 650
Minimum K* value for:
'
Minimum crest vertical curve 28 55 85 160
Desirable crest vertical curve 28 65 145 300
Minimum SAG vertical curve 35 55 75 105
Desirable SAG vertical curve 35 60 100 155
'
Passing Sight Distances
Minimum passing distance, ft.,
'
2 lane 1100 1500 1800 2100
Minimum K* value for:
Crest vertical curve 365 686 985 1340
'
* K is a coefficient by which the algebraic difference in grade
may be multiplied to determine the length in feet of the verti-
cal curve which will provide minimum sight distance. Sight
distance provided for stopped vehicles at intersections shall
'
be in accordance with "A Policy of Geometric Design of Rural
Highways", 1965.

M = M M M M M M M
4
Maximum Degree of Curve and Related Maximum Superelevation
Design Speed, MPH
Type of Facility
Section
30
40
50
60
D
e
D
e
D
e
D
e
Rural
Minor Collector
Shoulder
7.50
0.08
5.00
0.08
C and G
5.50
0.02
3.50
0.02
Local Road
Shoulder
12.5°
0.08
7.50
0.08
C and G
9.0°
0.02
5.50
0.02
Urban
Major and Minor
Shoulder
11.50
0.06
4.00
0.06
Thoroughfares
C and G
9.0°
0.02
3.50
0.02
Local Streets
Shoulder
21.00
0.06
11.50
0.06
C and G
17.00
0.02
9.00
0.02
D - Maximum Allowable Degree of Curve
e - Superelevation
►t H �
Q ::S' W
rt
a r•
o
�1 o a
E �
0 m
m
G ►'S M
NG rt
►•t to r{
N
m E
rtr+a
0 M
gW N
O SC rat
m � �
u, w
w a k
m m
ro m
{mp cn
p. It 100
n ►�t
m C
w
rt
N•
a. 0
Ln
,n

5-10
'
(5) Curb and Gutter. Curb and gutter shall be required for all
subdivisions within the corporate limits of Elizabeth City.
'
For all areas outside the City limits, curb and gutter shall be
required on all arterial, major and minor collector streets,
major and minor thoroughfares, and all local subdivision streets
where the smallest lot in the subdivision abutting the street is
less than twelve thousand (12,000) square feet. The City Council
may require curbs and gutters on local streets abutting larger
'
lots, if it is determined by the City Council in consultation
with the Technical Review Committee and Planning Commission to
be necessary to aid in street cleaning and maintenance or the
street will be subject to unusually heavy traffic for a local
'
street.
Wheelchair Ramps. In accordance with G.S. 136.44.14, all street
curbs being constructed or reconstructed for maintenance proce-
'
dures, traffic operations, repairs, correction of utilities, or
altered for any reason shall provide wheelchair ramps for the
physically handicapped at all interesections where both curb
'
and gutter and sidewalks are provided and at other major points
of pedestrian flow.
' Wheelchair ramps and depressed curbs shall be constructed in
accordance with details contained in the Department of Transpor-
tation, Division of Highways publication entitled, "Guidelines,
' Curb Cuts and Ramps for Handicapped Persons", which is available
from the Highway Design Branch, Raleigh.
' Horizontal Width on Bridge Deck. The clear roadway widths for
neu! and reconstructed bridges serving two (2) lane, two-way traf-
fic, shall be as follows.
Shoulder section approach:
Under eight hunderd (800) ADT design year - minimum twenty-eight
(28) feet width face-to-face of parapets or rails or pavement
width plus ten (10) feet, whichever is greater.
Eight hundred (800) to two thousand (2,000) ADT design year -
minimum thirty-four (34) feet width face-to-face of parapets
or rails or pavement width plus twelve (12) feet, whichever is
greater.
Over two thousand (2,000) ADT design year - minimum forty (40)
feet; desirable forty-four (44) feet width face-to-face of para-
pets or rails.
Curb and gutter approach:
Under eight hundred (800) ADT design year - minimum twenty-four
(24) feet face-to-face of curbs.
Where curb and gutter sections are used on roadway approaches,
curbs on bridges shall match the curbs on -approaches in height,
in width of face-to-face or curbs, and in crown drop. The dis-
tance from face of curb to face of parapet or rail shall be one
(1) foot, six (6) inches minimum or greater if sidewalks are
required.

5-11
The clear roadway widths for new and reconstructed bridges
'
having four (4) or more lanes serving undivided two-way traffic
shall be as follows:
'
Shoulder section approach:
Width of approach pavement plus width of usable shoulders
on tine approach left and right - minimum - eight (8) feet,
desirable - ten (10) feet.
Curb and gutter approach:
Width of approach pavement measured face-to-face of curbs.
'
Section 9. Utilities
(a) Water System
'
(1) Each lot is all subdivisions within Elizabeth City's corporate
limits, and each lot in all subdivisions in the extraterritorial
area within five hundred (500) feet of Elizabeth City's water
system, shall be connected, at the subdivider's expense, to
'
the City's water system. Connections shall be constructed under
l
the supervision and approval of the Director of Public Works.
' (2) In extraterritorial areas where City water service is unavailable
but available through the Pasquotank County Water System, the sub-
divider shall construct a water system and connect it to the sys-
tem owned and operated by Pasquotank County, subject to County
regulations and requirements.
(3) Where a subdivision lot in the extraterritorial area lies more than
five hundred (500) feet distant from the City water system or the
County water system is unavailable, the subdivider may, at his
expense connect the subdivision lots to the aforementioned systems.
'
If the subdivider provides a community water system rather than
connecting to the municipal or County systems or provides indivi-
dual wells, the materials, design, and installation shall be made
'
in accordance with specifications and standards of the City of
Elizabeth City or Pasquotank County and subject to approval of the
North Carolina Division of Health Services, Department of Human
Resources, the Division of Environmental Management, Department
'
of Natural Resources and Community Development, and the District
Health Department, as appropriate.
' (4) Where the system is to be connected to the system owned and
operated by the City or County, but not constructed by the City
or the County, the preliminary subdivision plat shall be accom-
panied by a complete set of construction plans for the proposed
system, prepared by a registered engineer. Water supply systems
shall be approved by the Fire Department as to location of hydrants.

5-12
(5) Water lines shall be extended to the boundaries of adjacent
' property whenever proposed streets are extended by dedication
and or in other locations if determined necessary by the City
Council.
' (6) No water mains shall be less than eight (8) inches inside dia-
meter, except that the City Council may approve smaller mains
for cul-de-sacs when such lines would not adversely affect fire
' protection or the expansion of the existing water system in the
area. However, no such water lines shall be less than two (2)
inches inside diameter.
' (7) All mains shall be laid out so as to create a complete circuit
with no deadend lines. Exceptions (deadend lines with blow -offs)
' to this policy may be permitted with approval of the Director of
Public Works. Water lines shall be installed on rear or side lot
easements, where possible.
1 (b) Sewer System
(1) Each lot in all subdivisions within Elizabeth City's corporate
limits and each lot in all subdivisions in the extraterritorial
'
area within five hundred (500) feet of Elizabeth City's sanitary
sewer system, shall be connected, at the subdivider's expense,
'
to the City's sewer system. Connections shall be constructed
under the supervision and approval the Director
of of Public Works.
(2) Where a subdivision lot in the extraterritorial area lies more
'
than five hundred (500) feet.distant from the municipal sewer
system, the subdivider may, at his expense, connect the subdivision
lots to the aforementioned system. If the subdivider provides
individual septic tanks, the materials, design, and installation
shall be made in accordance with specifications and standards of
the City of Elizabeth City and subject to approval of the North
'
Carolina Division of Health Services, Department of Human Resources,
the Division of Environmental Management, Department of Natural
Resources and Community Development, and the District Health Department
as appropriate.
(3) Where the system is to be connected to the system owned and operated
by the City, but not constructed by the City, the preliminary sub-
division plat shall be accompanied by a complete set of construction
plans for the proposed system, prepared by a registered engineer.
' (4) Sewer lines shall be extended to the boundaries of adjacent property
whenever proposed streets are extended by dedication and/or in other
locations if determined necessary by the City Council.
(5) No sewer mains shall be less than eight (8) inches inside diameter.
Sewer lines shall be installed on rear or side lot easements where
possible.

1
1
(c) Storm Water Drainage System
(1) The subdivider shall provide a surface water drainage system
constructed to the standards of the North Carolina Department
of Transportation, as reflected in Handbook for the Design of
Highway Surface Drainage Structures, 1973, as a minimum, or to
City standards, if they are stricter.
(2) No surface water shall be channeled or directed into a sanitary
sewer.
(3) Where feasible, the subdivider shall connect to an existing
storm drainage system.
(4) Where an existing storm drainage system cannot feasibly be
extended to the subdivision, a surface drainage system shall
be designed to protect the proposed development from water
damage.
(5) During the construction, preparation, arrangement and installa-
tion of subdivision improvements and facilities in subdivisions,
the developer shall maintain each stream, creek, ditch or channel
contiguous to or located within the subdivision in an unobstructed
state and shall remove from such water courses and the banks of
the water courses all debris, logs, timber, junk and other accumu-
lations that would in time of flood clog or dam the passage of
waters in their downstream course. Installation of appropriately
sized conduit, culverts, bridges or other required structures
shall not be construed as obstructions.
(6) All drainage shall be channeled to a point of appropriate dis-
charge, such as a natural or man-made water course, a lake, pond
or ditch, or storm drainage system. The subdivider shall pro-
vide all necessary rights -of -way to reach the point of appro-
priate discharge and shall accomplish all necessary work to
construct the necessary system.
(7) All necessary facilities, as determined by the City Council,
including, but not limited to, underground conduit, inlets,
catch basins, open drainage, ditches and/or channels shall be
designed and installed to provide for the adequate disposal of
surface and subsurface water. Surface drainage courses shall
have side slopes of at least three (3) feet of horizontal distance
for each one (1) foot of vertical distance, and courses shall
be of sufficient size to accommodate the drainage area without
flooding, and designed to comply with the standards and speci-
fications for erosion control of the North Carolina Erosion
and Sedimentation Control Law and any locally adopted erosion
and sedimentation control ordinances.
5-13

(8) A definite indication must be shown as to the handling of
surface drainage as it leaves the subdivision and its effect
'
on neighboring property. It is the subdivider's responsibility
to provide for drainage across the subdivision for water which
enters the subdivision and water which may fall on the area of
'the
Cthis
subdivision. The subdivider must also properly dispose of
water in as nearly as the same before
possible manner.as
the subdivision was created.
'
(d) Street Lights. All subdivisions in which the size of the smallest
Tot is less than forty thousand (40,000) square feet shall have street
lights installed throughout the subdivision in accordance with the
requirements of the City or Virginia Electric and Power Company (VEPCO)
as appropriate.
For subdivisions located in the Extraterritorial Jurisdiction, the subdivider
shall deposit with the City at the time of final plat approval the estimated
'
capital and installation costs (funds) for the street lights. The funds will be
held by the City until such time as the subdivision is annexed or the City
Council deems desirable. Homeowners, property owners associations or other
private entities of such subdivisions may pay for the operational and
maintenance of the street lights upon contracted agreement with the City. The
City shall be responsible for installing the street lights. (Added by City Council
January 4, 1988)
' (e) Underground Wiring. All utility lines for local distribution of
electric power and communications service shall be installed under-
ground within all subdivision. Such underground wiring shall be
' installed in accordance with the standards and requirements of the
applicable electric supplier and communications company.
I
Section 10. Layout Design Requirements
C(a)
Design Standards for Blocks
'
(1)
General. The lengths, widths, and shape of blocks shall be
determined with due regard to: provision of adequate building
sites suitable to the special needs of the type of use contem-
'
plated; zoning requirements as to lot sizes and dimensions;
needs for vehicular and pedestrian circulation; control and
safety of street traffic; limitations and opportunities of topo-
'
graphy; and convenient access to water areas.
(2)
Block Length. Blocks shall not be less than four hundred (400)
'
feet nor more than fifteen hundred (1500) feet in length.
(3)
Block Width. Blocks shall have sufficient width to allow two
(2) tiers of lots of minimum depth except for single tier lots
'
as required to separate residential development from through
vehicular traffic or another type of use, or where abutting a
(4)
water area.
Pedestrian
Crosswalks. Where deemed necessary by the City
Council, a pedestrian crosswalk at least fifteen (15) feet
'
in width may be required to provide convenient public access
to a public area such as a park or school, to a water area,
or to areas such as shopping centers, religious, or transpor-
tation facilities.
(5)
Block Numbers. Block numbers shall conform to the City s
street numberin s stem i
5-14

C
(b) Design Standards for Lots
(1) General. Every lot shall front or abut on a paved public street,
except as provided for in Planned Unit Development (Group
Developments). Lot sizes, shapes and locations shall be made
'
with due regard to topographic conditions, contemplated use and
the surrounding area.
C
'
(2) Subdivisions Subject to Zoning Ordinance District Regulations.
7 g
Lots shall conform to the area, dimensional and building setback
requirements as prescribed in the Zoning Ordinance for the appro-
priate zoning district in which the proposed subdivision will be
located.
'
(3) Double Frontage. Double frontage or reverse frontage lots shall
be avoided.
(4) Corner Lots. Corner lots are recommended to be increased one
_. and one-half (1 1/2)- times the minimum required lot
size since
corner lots normally have less building area due to the front
setback line being applicable to two (2) or more sides.
(5) Side Lot Lines. Side lot lines shall be substantially at right
angles or radial to street lines. Where side lot lines inter-
1y
sect at the rear of the lot, the angle of intersection shall
not be less than sixty (60) degrees.
(6) Existing Public Right -of -Way. When a lot or lots within a sub-
division abut an existing public street, highway thoroughfare,
or
the subdivider shall be responsible for the installation of all
improvements to that portion adjacent to and which is to be
'
utilized by that subdivision.
(7) Uninhabitable Lots. Any portion of a subdivision subject to
flooding and other hazards deemed by the Technical Review
'
Committee to make the property uninhabitable shall be prohibited
for occupancy or other uses that may jeopardize the life, health,
or property, or may increase the flood possibilities. The
Technical Review Committee shall have the authority to require
the subdivider to furnish reasonable evidence that such lots
within the subdivision are not subject to flooding when located
'
within a questionable area. The subdivider when questionable,
shall provide a determination of the crest elevation of a one
C.
hundred (100) year
y probable frequency flood in accordance with
accepted engineering practice. This determination must reflect
'
the -actual conditions imposed by the completed subdivision and
must give due consideration to the effects of urbanization and
obstructions.
'
Lots known to be within a flood plain or any area known to be
subject to flooding shall be so identified on the preliminary
_
plat.
5

S./`
H
(c) Design Standards for Easements
(1) Utility Easements. Easements for utilities shall be provided
where necessary, and normally centered along rear or side lot
lines. Easements shall be at least twenty (20) feet wide, or
as required by the utility companies or departments involved.
The City Council shall determine whether one (1) easement is
sufficient or whether several easements are necessary to
accommodate the various facilities, and the subdivider shall
provide the required easements.
(2) Drainage Easements. Where a subdivision is traversed by a
water course or drainageway, there shall be provided a
drainage easement or drainage right-of-way conforming sub-
stantially with the lines of such water course and of such
further width or construction or both as will be adequate for
the purpose. The City reserves the right to reject any such
intended dedication, however.
(3) Buffer Easements. The City Council may require an easement
as much as fifth (50) feet in depth, in addition to the
normal lot depth, for subdivisions adjacent to railroads,
major streets, highways, and thoroughfares, and between
various types of developments, this easement shall be part of
the platted lots, but shall have the following restriction
noted on the fact of the final plat: "This easement is
established for the purpose of planting of trees or other
types of vegetation and/or for the preservation of existing
vegetation; the erection of structures herein is prohibited."
All buffers shall be provided in accordance with the
standards found in the Zoning Ordinance.'
Section 11. Recreation. Park and Open Space
(a) General. For all residential subdivisions, in which the smallest
lot is less than forty thousand (40,000) square feet, the
subdivider shall be required to either:
' (1) Dedicate a portion of the land in the subdivision to the City
for parks and recreation in accordance with the formula in
Section 11(b);
' (2) Pay the City a fee of S2W.00 pier- lot, or dwelling unit for
three, four, and multifamily dwellings, to be used for
providing parks and recreational spaces in the immediate are
' of the subdivision;
(3) Dedicate to the City land for parks and recreation in another
' location in the immediate neighborhood of the subdivision if
such dedication is acceptable to the City in accordance with
the formula in Section 11(b);

(4) Dedicate a portion of the.land in the sub division or land in
another location in the immediate neighborhood of the
subdivision to a nonprofit homeowners' association for parks
and recreation in accordance with the formula in Section
11(b) . Such h 7xcwmrs' associatim shall be duly registered
with the Office of the Seicnetary of State prior to the
reicorrfatim of the final plat.
(b) Dedication Requests. The amount of land required to be dedicated
shall be determined by the following formula:
Total number
of lots or
multi -family
dwelling
units
Average No.
of Persons/
X Household
City of E.C.
Last U.S.
Census
.008 Acreage
Acres Variable Required
X per X Multiple = to be
Person Dedicated
The variable density factor to be used in the above formula shall
be as follows:
VARIABLE DENSITY FACTOR TABLE
Acreage Average/Dwelling Unit or Lot Variable Multiple
'
.O-.1 1.8
.1-.2 1.6
'
.2-.3 1.4
.3-.4 1.2
.4-.5 1.0
.5-.6 .9
.6-.7 .8
.7-.8 .7
.8-.9 .6
'
.9 and over .5
Acreage Average per dwelling unit or lot is computed by dividing
'
the combined total acreage of all dwelling units or lots by the
number of dwellings units or lots. For computation purposes, land
dedicated or reserved for other purposes such as streets,
sidewalks, access alleys, utilities, drainage, or other purposes
'
may not be used in determining average acreage. -
The Variable Density Factor is designed to provide an adjustment
to subdivision plats which contain average lot sizes of .5 acre
'
and above. This adjustment is used since subdivision with larger
lots contain more open space, and thus, fewer residents which
create less demand for public recreation and park acreage.
'
Conversely, those subdivision plats that create lots, which
average less than .4 acre are adjusted due to the density of
development and 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.

.5"-/ 8
However, the City reserves the right to refuse to accept
dedication of parcels less than one-half (1/2) acre in size, or
land which is otherwise unsuitable for park and recreation use, in
twhich
case the developer shall pay the fee in lieu of dedication.
(c) Suitability Criteria. Criteria for evaluating suitability of
'
proposed park and recreation areas shall include the following:
(1) Unity. The land shall form a single parcel of land unless
'
the City Council determines that two or more parcels would be
in the public interest and may also determine that a
connecting corridor of open space is in the public interest,
and may require the dedication of a connecting path not less
'
than thirty (30) feet wide in addition to the land required
in Section 11(b).
'
(2) Usability. The land shall be usable for recreation and shall
have shape, topography and subsoils such that at least half
of the parcel shall be usable for active recreation play
areas, ballfields, tennis courts, or similar recreation uses.
'
Lakes may not be included in the computation of the required
land unless acceptable to the City Council. If the City
Council determines that active recreation needs are being
adequately met and will continue to be met in the
'
neighborhood, the City Council may allow the subdivider to
preserve a significant natural feature as open space rather
than providing the area suitable for active recreation.
(3) Plans. Municipal and county plans shall be taken into
consideration when evaluating land proposals.
'
(d)
Access. Access to the land shall be provided by an abutting
street or an easement not less than thirty (3) feet wide, in
'
addition to the amount of land required in Section 11(b).
(e) Homeowners' Association. Where park or recreation space is deeded
'
to a homeowners' association, the subdivider or owner shall file
with the City and record with the final subdivision a
plat,
declaration of covenants and restrictions as well as regulations
and by laws that will govern the open space. Provisions will
'
govern the open space. Provisions shall include but not be -
limited to the following:
(1) The association shall be established and A-ticles of
'
lncorpcaratian filed with the Secretary of State prior to the
recordatim of the final plat.
'
(2) Membership shall be mandatory for each home buyer and all
successive home buyers.
'
(3) The association shall be responsible for the liability
insurance, local taxes, and the maintenance of recrea-
tion and other facilities.

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(4) Any sums levied by the association that remain unpaid shall
become a lien on the individual homeowner's property which
shall be subordinate only to tax and mortgage liens.
(5) If all or any portion of the property held by the association
is being disposed of, or if the association is dissolved,
adequate open space shall be deeded to the City to satisfy
the requirements for public recreation space under this
Article.
(b) Each homeowner shall have voting rights in the association.
(7) Uses of common property shall be appropriately limited.
(8) The following information shall also be provided: The name
of the association; the manner in which directors of the
association are to be selected; the post office address of
the initial registered office; the name of the City and
County in which the registered office is located; the number
of directors constituting the initial board of directors.
(9) Nothing herein shall be construed to limit the amount of
privately controlled open space land which may be included in
the covenants and restrictions in addition to the required
land.
(f) Modifications. The City Council, may in unusual or exceptional
cases, modify the park and recreation dedication requirements.
All highlighted areas indicate amendments made by City Council, July 10,
1989.
Section 12. Water Access for Waterfront Subdivisions
All subdivisions adjoining a river, large creek or similar water area as
determined by the City Council shall provide for public access to the water.
Such access shall include boat docks or boat launching ramps every one -quarter
(1/4) mile along the shoreline adjacent to the subdivision. The purpose of
these facilities is to serve properties within the subdivision. Such facil-
ities shall meet the lot area requirement•s,off-street parking requirements,
and other applicable regulations established by the Zoning Ordinance, and
shall be directly accessible to a State or publically maintained street or
road. When a public boat dock or launching ramp is provided by the State,
County, or other agency within or contiguous to the area to be subdivided,
such facility may count toward meeting the requirements of this Section.

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Section 13. Bikeways
If the subdivider elects to incorporate bikeways within a subdivision, he
' shall be responsible for providing the required markings and acquisition
and erection of all signs_, signals or other items in order to create safe
bicycling conditions as deemed necessary by the City Council.
' Bikeways within a subdivision may be considered as part of the recreational,
park and/or open space area as required herein.
Section 14.. Natural Assets
' In any subdivision due consideration will be given to preserving natural
features such as trees, ponds, streams, rivers, lakes, beaches and for any
unique natural sites which are of value not only to the subdivision, but to
' the community as a whole.
Section 15. Historic Properties
(a) In any subdivision, due consideration will be given to safeguard
the heritage of Elizabeth City and Pasquotank County by preserving
' any archaeological site or any property therein, or located on
adjacent property thereto, that embodies important elements of its
cultural, social, economic, political or architectural history and
' likewise all due consideration should be given to promoting the
use and conservation of such property for the education, pleasure
and enrichment of the residents of Elizabeth City, Pasquotank
' County, and the State of North Carolina as a whole.
(b) It is a requirement of this ordinance that the name and location of
all historic properties, located within the proposed subdivision
' or within any contiguous property, be clearly identified on both
the preliminary and final plats. If any such historic property
that is listed on the U. S. Department of the Interio.r's National
Register of Historic Places; likewise any property that has been
designated by local ordinance as an "Historic Property" pursuant to
G. S. 160A-19(3B); likewise any property that has been designated by
local ordinance as an "Historic Property" pursuant to G.S. 160A-19(3A);
' the Technical Review Committee may provide that the following -agencies
be given an opportunity to make recommendations to the Planning Com-
mission and City Council concerning an individual subdivision plat
before the plat is approved.
(1) North Carolina Department of Cultural Resources, Division
of Archives and History;
(2) Any local Historic Property Commission appointed under the
provisions of G. S. 160A-399.1; or
' (3) Any local Historic District Commission appointed under the
provisions of G. S. 160A-396.

5-2:
' Section 16. Emergency Services
Subdivisions shall be designed to accommodate and allow unobstructed ingress
and egress of all emergency vehicles and equipment in order that emergencies
for life and property saftey may not be unnecessarily delayed.
Section 17. Entrance Signs and Lighting
Signs delineating the subdivision name and any lighting associated with such
sign shall be constructed in compliance with the City of Elizabeth City Sign
Control Ordinance.
Section 18. Private'Developments
The City Council shall be assured in private developments, prior to final
plat approval, that adequate provisions have been made through legal covenants
and restrictions which shall govern a homeowners association, or similar owners
association, or through other legal agreements, that the responsibility as to
the maintenance of areas designated as common area or private area will be
accomplished by a source other than by public maintenance.
The subdivider shall provide and sign a certificate (Acknowledgement of
Compliance) which shall appear on the final plat of private developments.
(See Article IV, Section 9.)

11
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Section 1.
Genera I
ARTICLE VI
PLANNED UNIT DEVELOPMENTS
(GROUP DEVELOPMENTS)
Where topography or other existing physical conditions are such that compliance
with the requirements of this Ordinance would cause an unusual or unnecessary
hardship on the subdivider above and beyond what other subdividers would meeting,
the City Council may vary the minimum requirements set forth herein, provided
that such variation will not have the effect of nullifying the interest and
purpose of these regulations. Where a variation is accepted the reasons for such
shall be noted in the minutes of the Planning Commission.
Section 2. Exceptions for Planned Developments
The purpose of this Article is to provide desirable open space in commonly owned
areas, tree cover, recreation area, scenic vistas, and variety in development by
allowing certain variations in lot sizes and design requirements, and the
establishment of townhouses and condominiums. In no case shall the overall
density of dwelling units be greater than that permitted by the applicable zoning
requirements. Subject to the approval of the City Council, the design standards
as set forth in this Ordinance may be modified by the Planning Commission in the
case of a plan and program for a planned development which may consist of
offices, institutions, stores, industries, townhouses and residences or any
desirable combination of these establishments which meet the requirements of the
Elizabeth City ZONING ORDINANCE. A preliminary and final plat of a planned
development shall be submitted pursuant to the provisions of this Article in
conformity with the following:
(a) Common Areas. All planned developments shall contain commonly owned
land equal in area to twenty percent (20%) of the entire development.
Common areas shall be held in non-profit corporate ownership by the
owners of lots within the development. In consideration of the purpose
served by a planned development, the title to such common areas or
property shall be preserved to the perpetual benefit of the private
properties in the development and shall be restricted against private
ownership for any other purpose. If the corporation desires,
improvements may be made within the common areas provided that maximum
coverage of such improvements shall not exceed 25/. of the entire common
property. The developer shall submit and, after approval by the City
of Elizabeth City, record a declaration of the covenants and
restrictions that will govern the ownership, management and maintenance
of the common areas.
(b) Density. Individual lot size may be varied, but the overall density
of a planned development shall not exceed that permitted by the
applicable zoning requirements. All remaining land not shown as lots.
shall be designated as common areas.'
(c) North Carolina Unit Ownership Act Before a declaration establishing
a condominium or unit owners development may be recorded, the
declaration and plan shall be approved by the Planning Commission and

6-2-
the City Council as a preliminary and final plat.
(d) Site Plan. Site plans for all planned development shall show the
location of the buildings, streets, alleys, walks, parking areas,
recreation areas, tree covers and planting. The site plan shall number
and show the dimensions of all building sites and all streets and
' utility easements to be dedicated to the public. All areas on the site
plan other than public streets, easements or private building sites
shall be shown and designated as common areas.
(e) Landscape Plan. A landscape plan for all planned development shall
show all existing and proposed plant material. The plan shall indicate
the size and type of existing plant material and the size and type of
plants to be planted.
(T) Public Access. Easements and Private Party Walls Building lots may
abut or be provided with frontage on common areas, property restricted
through a property owners association to assure adequate access, if in
the opinion of the City of Elizabeth City a public street is within an
acceptable distance and would allow adequate community services.
' 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, as well as for parking, shall be granted to each owner of
' a residential site. All common walls between individual residences
shall be party walls and provisions for the maintenance thereof and
restoration in the event of destruction or damage shall be established.
' (g) Utilities and Improvements Required All planned developments shall
include public water and sewer utilities, sidewalks, paved streets and
parking areas with curb and gutter, underground electric and telephone
' service, landscaping and any other improvements considered necessary by
the City.
rSection J. Planned Licit I.-velopment, Affordable Housing IFi�Flf/)
The purpose of this provision is to encourage mivre creative and innovative design
for devrelop7Ant than is passible under the general district regulations. It is
designed to promote the efficient use of land with an ecaxmic arrarxgEvaent of
structures, circulation systems, land use and utilities. The provision is also
' intended to encourage the preservation of existing natural features and site
amenities in a harmonious and aesthetically pleasing manner. FW-,4/ are
available in all residgttial districts provided that:
' (a) All projects have a minimum site size of t►+v (2) acres; and
1
(b) The dEnsi ty does not exceed the dEnsi ty level permitted in the
residential district in which the RAH is located unless the project
qualifies for any of the following density increases, in which case the
density may be increased by the percentage(s) stxxin:
(1) Siting for solar access 10Y.
(2) Internal landscaping 67. maximum

'� li
G-3
1
i streetscaping 2/.
ii Pedestrianway treatment 2/.
iii Preservation of existing
'
natural features 2/.
l3) la=creatimal amenities: A
'
minimum of ten (10) percent
of open space area devoted
to recreational uses; recrea-
tional uses to be approved by
the director of Parks &
RLacriaation S/.
'
(4) Varied design of housing
types: For example, detached.
houses, taw houses and patio
'
hames as an integrated project 107.
(c) Placement of structures within the project shall be gaverrned by the
llbrth Carolina State biti l ding Cade. The yard requirements of the
district in which the FLV"veR is located do not apply to the internal
design of the project. Yards abutting adjacent properties at the
'
project's periphery shall be provided in accordance with the district's
requirements.
'
(d) A screening buffer- as set forth in Article X, Section 1.20 of the
Ci ty's ZOVIIAG OWIMMCE' shall be placed along side and rear property
lines of multifamily developments abutting a residential district.
(e) FW-a4 projects which promote affordable, detached single family
housing, as specifically defined in this section, may be granted design
flexibility with regard to specific development standards of the Ci ty 's
ZOVIAG OWIAJ JM' and SZMIVISIOV REMLATIOlS, upon review by the Ci ty
staff, and approval by the Technical Review Q mittee, the Planning
Qmmissim, and City Council. Any applicant seeking this design
flexibility must dk=nstrate that public safety and health will not be
coVprised by the proposed design, that a public liability will not be
created, and that an adequate level of service will be provided for the
residents of the FID-A-l. Affordable detached single family housing is
defined as such housing which can reasonably be expected to be
purchased by persons having no more than a median family income level,
based on local intone levels and prevailing interest rates as provided
by the U. S. Lbpartm m t of hbusing and Urban Anvel open t. Such
'
development may be eligible for design flexibility provided that:
'
(1) The proposed FW-AH project shall be for the crostructim of new
detached single family residences only.
(2) The applicant shall agree to disclose all actual costs associated
wi th the proposed PLO-AH including, but not l imi ted, land
acquisition, public or private infrastructure, crostructim costs
associated with the residential structures, and the developer's
'
overhead and profit.

(3) The maximum selling price of each residence shall conform to the
defini tiara of affordable housing and shall be established and
maintained by the applicant for the initial sale of the residence.
(4) A complete listing of all standards proposed for modificatim by
the applicant shall be provided at the time of applicatim.
(5) City staff review of the above information shall indicate that the
proposed fC®-AH will represon t a significant ponetra tion into an
affordable housing market area, based upon an examination of
income levels of the projected residents of the FW-AH project and
the proposed initial selling price of the residential units.
4�menoments by.City Council, October 2, 19e9, are shown in bold italics.

7-1
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ARTICLE VII
INFILL DEVELOR�MS
(Separate Ownership of Two-family Structures)
Section 1. General.
Where topographyor other existing physical conditions are such that g p y compliance
with the requirements of this Ordinance would cause an unusual and unnecessary
hardship on the subdivider above and beyond what other subdividers would meet,
the City Council may vary the minimum requirements set forth herein, provided
that such variation will not have the effect of nullifying the interest and
purpose of these regulations. Where a variation is accepted, the reasons for
such shall be noted in the minutes of the Planning Cammission.
t
Section 2. Exceptions for Infill Development.
The purpose of this Article is to broaden the ownership status of
P two-family
structures within the City's -'existing R-6 and R-8 zones by allowing two-family
structures with separate ownerships of fee simple title to lots with connected
'
structures erected with party walls over the interior property line. In no case
shall the area and width of each resulting lot be less than half of that -
permitted by the applicable zoning requirements, when adding the area and width
required for a second unit to the area and width required for the first unit. A
preliminary and final plat of an infill development shall be submitted pursuant
'
to the provisions of this Article in conformity with the following:
(a) Site Plan. Site development plans for all infill shall show the location
p
of the building, walks, drives, yards, tree covers and planting. The site
plan shall show the dimensions of the building site and all utility
easements.
(b) Building Design Plan. A building design plan for all infill development
shall show all proposed exterior features, such as building and roofing
materials, fenestration, patios, porches, fencing, etc, To ensure the
'
perpetual integrity and compatibility of the two (2) units, the developer
shall submit and, after approval by the City of Elizabeth City, record a
declaration of the covenants and restrictions that will govern the
maintenance of the architectural compatibility of these exterior features.
'
(c) Landscape Plan. A landscape plan for all infill development shall show all
existing and proposed plant material. The plan shall indicate the size and
type of existing plant material and the size and type of plants to be
planted. -
'
(d) Private Party Walls. The common walls between the two (2) units of an
infill development shall be party walls and provisions for 'the maintenance
thereof and restoration in the event of destruction or damage shall be
established.
(e) Utilities and Improvements Required, All infill developments shall include
public water and sewer utilities, landscaping and/or any other improvements
considered necessary by the City,"
:; Established prior to the adoption 7-7-86 of this Article.