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HomeMy WebLinkAboutSubdivision Ordinance-1999DRAFT CITY OF HAVELOCK NORTH CAROLINA SUBDIVISION ORDINANCE JANUARY,1999 Prepared By: City of Havelock Havelock, North Carolina The preparation of this document was fir Carolina Coastal Management Progra Management Act of 1972, as amended; Coastal Resource Management, Nationi. DCM COPY DCM COPY lease do not remove!!!!! Division of Coastal Management DRAFT Chapter 15 SUBDIVISION OF LAND* *Cross reference(s)--Extraterritorial jurisdiction of city, §§ 2-12--2-14; planning board, §§ 2-38--2-51; buildings generally, ch. 4; streets and sidewalks generally, ch. 14; zoning generally, A.P.. A ARTICLE I. IN GENERAL. Sec.15-1. Purpose. The purpose of this chapter is to establish procedures and standards for the development and subdivision of land within the corporate limits and extraterritorial jurisdiction of the city in order to promote the public health, safety and general welfare of the community. They are designed to lessen congestion in the streets and highways; to further the orderly layout and use of land; to insure proper legal description and proper monumenting of subdivided land; to secure safety from fire, panic and other dangers; to provide adequate light and air, to prevent the overcrowding of land and avoid undue concentration. of population; to facilitate adequate provision of transportation, water, sewerage, schools, parks, playgrounds, and other public requirements; to facilitate the further resubdivision of a larger tracts into smaller parcels of land; and help conserve and protect the physical and economic resources of the city and its environs. (9-23-74, § 1-1) Sec.15-2. Jurisdiction. This chapter shall govern all subdivisions of land lying within the corporate limits and extraterritorial jurisdiction of the city. (9-23-74, § 1-3) Sec.15-3. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: 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. Building setback line. A line parallel to the front property line which establishes the minimum allowable distance between the nearest portion of any building, excluding the outermost three (3) feet of any uncovered porches, steps, eaves, gutters, and similar fixtures, and the street right-of-way line when measured perpendicularly thereto. City board. eity cotmnissiot=rs of the city. Board of Commissioners of the City of Havelock Corner lot. A lot which occupies the interior angle at the intersection of two street lines. The 1 DRAFT 71 street line forming the least frontage shall be deemed the front of the lot except where the two (2) street lines are equal, in which case the owner shall be required to specify which is the front when requesting a building permit. Setback requirements for street side yards on corner lots shall equal the front yard requirements for that district. D Dedication. A gift by the owner of a right to use land for stated purposes. A dedication may be made with a written instrument and is completed with an acceptance. a Double -frontage lot. A continuous (through) lot of the same depth as the width of a block containing two tiers of lots and which is accessible from both of the streets upon which it fronts. Easement. A grant by the property owner for use by the public, a corporation or person(s) of a strip of land for specific reasons. Frontage road. A local street or road that is parallel to a full or partial access controlled street facility and functions to provide controlled access to adjacent land. Highway. A traffic artery designed primarily to carry heavy volumes of through vehicular traffic. a Lot. A portion of a subdivision or any other parcel of land intended as a unit for transfer of ownership or for development or both. The word "lot" includes the word "parcel' or "plot". Lot of record A lot which is part of a subdivision, a plat of which has been recorded in the office of the Register of Deeds of Craven County, or a lot described by metes and bounds, the description of which has been so recorded. Major subdivision. Any subdivision that is not a minor subdivision, as herein defined. Minor subdivision. Those subdivisions: (1) Involving less than ten lots and fronting on existing approved streets; (2) Not involving any new street or prospectively requiring any new street for access to interior property; (3) Not requiring extension of public sewage or water lines to serve the property or creation of new drainage easements through lots to serve property at the rear; (4) Not adversely affecting the development of the remainder of the parcel or adjoining property; (5) Not creating residual nonconforming parcels to the requirements of these regulations, the zoning ordinance or other regulations; (6) Where the subdivision includes all contiguous land under the ownership or control of the subdivider. Official maps or plan (land development plan or comprehensive plan). Any maps or plans officially adopted by the city board of commissioners as a guide for the development of the city and surrounding area. 0 Planned developments. For the purposes of this chapter, a planned development is: (1) Land under unified control to be planned and developed as a whole; (2) In single development operation or a definitely programmed series of development operations, including all lands and buildings; (3) For principal and accessory structures and uses substantially related to the character of the a development; (4) According to comprehensive and detailed plans which include not only streets, utilities, lots or building sites and the like, but also site plans for all buildings as intended to be located, O constructed, used and related to each other, and detailed plans for other uses and improvements on the land as related to buildings; and (5) With a program for provision, operation and maintenance of such area, facilities, and aimprovements as will be for common use by some or all of the occupants of the development, but will not be provided, operated, or maintained at general public expense. UPlanned development —Residential (PD-R). A planned development as defined generally above which is primarily for dwellings and related uses and facilities. Planned development --Shopping center (PD-SC). A planned development as defined generally above which is primarily for commercial service and related uses and facilities. Planning board. The planning board of the -city. City of Havelock. Reservation. A reservation of land does not involve any transfer of property rights. It simply constitutes an obligation to keep property free from development for a stated period of time. OShall. The word "shall" is always mandatory and not merely directory. Single tier lot. A lot which backs upon a limited access highway, a railroad, a physical barrier, or a nonresidential use and to which vehicular access from the rear is usually prohibited. Street. A dedicated and accepted public right-of-way for vehicular traffic. For all purposes of this chapter and in each and every section and paragraph or subparagraphs where the following words or phrases appear, "street" shall be defined further as follows: tj (1) Major thoroughfare: Major thoroughfares are highways that connect and move traffic between and through urban areas. In addition, major thoroughfares are those roads as identified as such in the Havelock Thoroughfare Plan. (2) Minor thoroughfare: Minor thoroughfares move traffic from local, collector and marginal access streets and carry it to the major thoroughfare system. They may supplement the major thoroughfare system by facilitating minor through traffic within an urban area and may also serve abutting property. In addition, minor thoroughfares are those streets identified as such in the (� Havelock Thoroughfare Plan. o (3) Collector street: A street that serves primarily to carry traffic from major or minor thoroughfares to local streets or cul-de-sacs and also serves abutting property. (4) Local street: A street that serves primarily to provide direct access to abutting property. It offers the lowest level mobility and through traffic is usually deliberately discouraged. (5) Marginal access: A street that serves primarily to carry traffic from major or minor thoroughfares to local streets or cul-de-sacs but provides controlled access to abutting properties. No residential driveways shall be allowed on this street. (6) Cul-de-sac: A short street having but one end open to traffic and the other end being permanently terminated and a vehicular turnaround provided. Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground. Subdivider. Any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision as herein defined. Subdivision: (a) Inclusion. A "subdivision" means 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 except as provided in subsection (b) of this definition. (b) Exceptions: A "subdivision' shall not include: (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 required by this chapter. (2) The division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved. :(3) The public acquisition by purchase of strips of land for the widening or opening of streets. (4) The division of a tract of land in single ownership whose entire area is 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 required by this chapter. (5) Any tract of land which was divided into two (2) or more lots pursuant to a plat (1) prepared prior to the enactment of this provision on September 24, 1974 and (2) from which tract one or more lots shown on such plat were conveyed of record prior to September 24, 1974; provided, however, that this exception shall not apply to any further division of such tract or lots or the modification of such plat after September 24, 1974, and any such further division or modification shall 4 i comply with the provisions of this chapter. (6) The conveyance of an independent dwelling unit within any residential building arranged or designed for either two (2) or three (3) or four (4) families living independently (with separate housekeeping, sleeping, and cooking facilities) of each other, so long as each such conveyance shall consist of fee simple title to one independent dwelling unit, the portion of the lot which lies directly between the unit and the public street on which the unit fronts, the portion of the lot which lies directly between the unit and the back lot line, and, in the case of end units, the remainder of the open lot which lies directly between such end unit and the side lot line; provided a however, there shall be no further division of any such independent dwelling unit and that the building in which such dwelling unit is located shall have been constructed in compliance with the firewall standards for townhouse construction in effect within the jurisdiction of the city as of the date of the (� initial conveyance of such independent dwelling unit. U (9-23-74, §§ 2-1, 2-2, 4-1; 10-20-75, § 1; 3-14-77, § 1; 7-11-77; Ord. of 7-27-81, § 1; Ord. of 4-22-96(1), §§ 1, 2) Sec. 15-4. Duty of register of deeds and clerk of court. aThe city shall file a copy of this chapter with the register of deeds of the county. The register of deeds shall not thereafter file or record a plat of subdivision located within the jurisdiction of the city that has not been approved in accordance with the provisions contained herein; and the Clerk of Superior Court shall not order or direct the recording of a plat if the recording would be in conflict with this chapter. (9-23-74, § 3-1) Sec. 15-5. Declaration of jurisdictional limits. The landowner shown on a subdivision plat submitted for recording or his authorized agent shall sign a statement on the plat stating whether or not any land shown thereon is within the extraterritorial jurisdiction of the city. (9-23-74, § 3-2) (� Sec. 15-6. Recording of unapproved plats. U The filing or recording of a plat of a subdivision without the approval of the municipal legislative a body as required by this chapter shall be null and void. (9-23-74, § 3-3) aSec. 15-7.. Compliance with official plans. When a tract to be subdivided embraces any part of a major thoroughfare, parkway or boulevard designated on official maps and plans, such part of such proposed public way shall be platted and dedicated by the subdivider in the location and at the width specified. (9-23-74) 5 7 0 Sec. 15-8. Enforcement and penalties. Any person who, being the owner or agent of the owner of any land located within the extraterritorial jurisdiction of the city, subdivides his land'in violation of this chapter or transfers or sells any land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat a has been properly approved under this chapter and recorded in the office of the register of deeds of the county, shall be guilty 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 a transaction from this.penalty. The city, through its attorney or other official designated by the board of commissioners, may enjoin illegal subdivision, transfer or sale of land by action for injunction. (9-23-74) ARTICLE II. PLAT APPROVAL FOR MAJOR SUBDIVISIONS aDIVISION 1. GENERALLY Sec. 15-9. Outline of procedure for major subdivisions. The basic three -step PP q application sequence which the subdivider must follow is outlined below. The detailed application (a) Step I. procedures are contained in divisions 2, 3, and 4 of this article. Sketch design presentation. (1) Subdivider comes to-aispectmas planning office and gets on planning board's agenda. a(3) (2) Subdivider comes to the regular monthly planning board meeting. Discussion and presentation of subdivider's ideas. (4) Consideration and recommendation by planning board. (b) Step II. Preliminary plat presentation. O (1) Subdivider's preliminary plat is presented to director of inspections who distributes the plat to the technical advisory committee. a (2) Technical advisory committee reviews plat and presents it to the planning board for review. (3) Consideration and recommendation by planning board. (4) Board of commissioners consideration and action. (c) Step III. Final plat presentation. (1) Subdivider's final plat is presented to director of inspections who distributes the plat a to the technical advisory committee. (2) Technical advisory committee reviews plat and presents it to the planning board for review. (3) Consideration and recommendation by planning board. (4) Board of commissioners consideration and action. (9-23-74) DIVISION 2. SKETCH DESIGN PRESENTATION (STEP 1) 6 aSec. 15-10. Applicant action. (a) Submission procedure. At least fourteen (14) days prior hior to a regular meeting of the planning board, the subdivider shall contact the city director of inspections who will (1) present the subdivider with the regulations pertaining to subdivision development in the city and the city's Q Technical Specifications Manual and (2) schedule time at the next regular meeting of the planning board. Q (b) Purpose. This is an informal meeting to acquaint the planning board with the thoughts of the subdivider and to assure the subdivider that he has access to all the codes and assistance available to the city prior to any extensive investments in drafting, surveying and engineering costs. a(c) No fee. There is no formal application or fee for this meeting. (9-23-74, § 5-1) Sec. 15-11. Required information. The sketch design presentation basically should be a discussion of the subdivider's ideas. U (1) The subdivider must submit the required site information on a map luay be present%.'d in tvritfizg, by maps or otafty. (2) Required site information: a. Site location; b. Acreage in tract (approximate); aC. Average lot size (approximate); d. Number of lots (approximate); e. Utility service design; f. Topographic features to include flood zone and floodplain boundaries and elevations; g. Traffic plan; h. Open space ideas: 1. Recreation areas; 2. Community facilities. (� (9-23-74, § 5-1) Sec. 15-12. Board action. The planning board shall review the proposed subdivision and make suggestions to the subdivider. - (9-23-74, § 5-1) DIVISION 3. PRELIMINARY PLAT PRESENTATION (STEP II) Sec. 15-13. Applicant action. (a) Submission procedure. The subdivider shall submit the required number of 7 a _ 11 copies of the preliminary plat and any supplementary materials to the director of inspections at least seven (7) days prior to the Technical Advisory Committee meeting at which the plat is to be considered. The director of inspections will place the preliminary plat on the agenda of the next regular meeting of the planning board and contact the technical advisory committee as to the receipt of the plat and present is with copies of the plat. a_ (b) Fee. On application for preliminary plat approval, the subdivider shall pay to the city an O application fee in an amount as set by the board of commissioners from time to time and filed in the office of the city clerk. (9-23-74, § 5-2; 1-29-79, § 2; Ord. of 4-22-96(1), § 3) Sec. 15-14. Required information. (a) The preliminary plat shall be at a scale of one hundred (100) feet equals one inch or larger. The preliminary plat will show the following: (1) Sketch vicinity map showing relationship between subdivision and surrounding area (with graphic scale and north arrow); (2) The location of existing and platted property lines, streets, buildings, watercourses, railroads, transmission lines, sewers, bridges, culverts, drainpipes, water mains, city and county lines (if adjoining) and any public utility easements; (3) Boundaries of tract shown with bearings and distances; (4) Streams, floodplains, elevation contours (two (2) feet) when required by planning board, soil classifications, seasonal high water table, and vegetation at the site; (5) Names of adjoining property owners or subdivisions; U (6) Zoning classifications, if any, both on the land to be subdivided and on adjoining land; O (7) Proposed streets, street names, rights -of -way, roadway widths, and approximate grades. All streets depicted shall be specifically described in terms consistent with the section 15-3, definitions for "street" contained in this chapter; 8 Other proposed rights -of -way or easements, location, widths and purposes; () P P (9) The plans for proposed stormwater drainage systems and sedimentation controls and utility layouts (sewer, water, gas, and electricity) showing connections to existing systems or plans for individual water supply and septic tanks with 3pFLVFLiMtC liCTCOfati011 tmt Lesafts approval from the appropriate agency; (10) Proposed lot lines, lot and block numbers, and approximate dimensions; 8 M 0 (11) Proposed minimum building setback lines; (12) Proposed parks, school sites, public open spaces, and subdivision signs, if any; (13) . Site data: a. Acreage in subdivision. b. Acreage in park or other land usage. C. Average lot size. (� d. Total number of lots. e. Lineal feet in streets. (14) Title, date, north point, and graphic scale; (15) Name of owner plus the surveyor and land planner, if any. Q(b) Supplementary materials: U board. (3) (1) Public water supply system plans, including the layout and details or mains, must be approved by a registered engineer licensed to practice in North Carolina. D (0 (2) The subdivider shall submit to the planning board a floodplain management plan, which shall include (i) the layout, details, and proposed land use of floodplains or floodways and subdivision lots which partially or completely are located in identified flood hazard areas, (ii) the O location and construction of facilities and utilities (sewer, water, gas, and electricity) to minimize flood damage, (iii) adequate drainage to reduce exposure to flood hazards, and (iv) base flood elevation data. D {5} (3) The subdivider shall submit any permits or plans for any on -site stormwater system or other stormwater management arrangement, including but not limited to, plans or permits required by law to be submitted to the state, which plans shall bear the seal of a registered engineer licensed to practice in North Carolina. (9-23-74, § 5-2; Ord. of 4-10-89, § 5; Ord. of 4-24-95(1); Ord. of 4-24-95(2); Ord. of 4-22-96, § 4) Sec. 15-15. Action by technical advisory committee and planning board. (a) The preliminary plat shall be checked against the design standards improvement requirements, aand plat requirements by the technical advisory committee. This committee is composed of the city manager, director of planning and inspections, one planning board member director of parks and recreations, director of utilities, director of public works, police chief, fire chief, chief building inspector, planning technician, member of appearance commission. review. The preliminary plat shall also be reviewed by the city engineer. 9 L ' `r • ■■ r .. •• • r .■ ■ r rs ■ • r .i . r • r n rr.■ .w • n ..w • w • • r .. • .� .■I MIMI to ■ I r •l m IT-.R 4 n .■ .■ oil . • • to I INN 1.1%,191.1 .w I.w • of • r • • or! ■ • �r •.� r•..• • .•. • i I or.w In $J ILVr• • r•• n- ■ WArr. r .� • • r • ■ • r .■ r • .� r r • r) ali r • • am I-Wl" til NJ I r r• w • .■ rw • i D (b) The preliminary plat shall be reviewed by the planning board. 1 The technical advisory committee shall make recommendations t () ry ns o the planning board. (2) The planning board shall then discuss with the subdivider changes deemed advisable, if any, and the kind and extent of improvements to be made by him. The planning board may require the subdivider to revise the plat before it is submitted to the city board. The planning board shall present its review to the city board within forty-five (45) days from the meeting at which it is first scheduled. (c) The planning board shall present the preliminary plat along with its recommendations to the city board of commissioners who shall approve, approve conditionally, or disapprove the preliminary plat. (1) If the preliminary plat is approved, approval shall be noted onlwo-(2� three (3) prints of the plat by the city board. One print of the plat shall be transmitted to the subdivider, and the second approved print shall be retained by the city board and the third shall be retained by the Planning Department. (2) In the case of conditional approval, the reasons for conditional approval and the conditions to be met shall be specified in writing. One copy of such reasons and conditions, along with one print of the plat, shall be retained by the city board and a print of the plat with the reasons for conditional approval shall be given to the subdivider and the planning board. The city board may require the subdivider to submit a revised preliminary plat including the recommended changes before approving the plat. (3) Upon approval or conditional approval of the preliminary plat, the subdivider may 10 0 proceed with the installation or arrangement of the required improvements in accordance with the preliminary plat as approved and the requirements of this chapter and with the preparation of the final o plat. (4) When a preliminary plat is disapproved, the city board shall specify the reasons for Q such action in writing. One copy of such reasons and one print shall be retained by the city board, and a print of the plat with the reasons for disapproval shall be given to the subdivider and the planning board. O(9-23-74, § 5-2) Sec. 15-16. Development in stages. aWhen a subdivision is to be developed in stages, the preliminary plat shall be submitted for the entire development. A final plat may be submitted for each stage. (9-23-74, § 5-2) ODIVISION 4. FINAL PLAT PRESENTATION (STEP III) Sec. 15-17. Applicant action. (a) Submission procedure. Upon the installation or suitable guarantee of the improvements Opursuant to section 15-30 shown in the approved preliminary plat for the whole or that part of the subdivision to be developed, the applicant shall submit a final plat of the area. The subdivider shall submit one (1) original and fourteen (14) copies of the final plat, constituting that portion of the approved preliminary plat that he proposes to record and develop first, to the director of inspections within twenty-four (24) months after approval of the preliminary plat; otherwise, such approval shall become null and void unless an extension of time is applied for and granted by the planning board. There shall be no further time limit on preliminary plat status on subsequent final plat submissions. (b) Purpose. The purpose of this final review is to check the improvements (installed or guaranteed) by comparing the approved preliminary plat (Step II) to the final plat. All improvements must be installed or guaranteed (section 15-30) in accordance with these regulations prior to approval of the final plat. (9-23-74, § 5-3; Ord. of 4-22-96(1), § 6; Ord. of 1-13-97(2)) Sec. 15-18. Required information. (a) The final plat shall be prepared by a registered surveyor or engineer and shall be drawn at the same scale and on the same sheet size as the preliminary plat and shall conform substantially to the preliminary plat as approved, and shall comply specifically with the provisions of General Statutes 47-30 Probate and Registration. The final plat shall. show or be accompanied by the following information: 0 (1) The lines of all streets and roads, all of which shall be specifically described in terms consistent with the section 15-3 definitions for "street" contained in this chapter; O(2) Lot lines and lot numbers; Q(3) Minimum building setback lines; (4) Reservations, easements, alleys, and any areas to be dedicated to public use or sites afor other than residential use with notes stating their purpose and any limitations; (5) Sufficient data to determine readily and reproduce on the ground the location, bearing Q and length of every street line, lot line, boundary line, block line, and building line, whether curved or straight. This should include the radius, central angle, and tangent distance for the center line of curved streets and curved property lines that are not the boundaries of curved streets; O(6) All dimensions should be to the nearest one -tenth (1/10) foot and angles to the nearest minute; (7) Accurate location and description of all monuments and markers; (8) The names and locations of adjoining subdivisions and streets, and the location and 0 ownership of adjoining unsubdivided property; O(9) Title, date, name and location of subdivision, graphic scale, and true north point; (10) Name of owner plus the surveyor and land planner, if any. (11) Street improvements and sidewalks. Q(b) Supplementary materials. (1) A copy of the restrictive or protective covenants in the subdivision, if any, shall be (� submitted with the final plat. (2) Plans: a. , • , Qd. a. Storm drainage and sedimentation controls, c. b. Electrical and telephone lines, aC. "As Builts"for water and sewer lines Q (c) ul Certification required before approval. (See Appendix A) ]Need to update] 12 r� U 11 I (1) Certificate of ownership and dedication, (2) Certificate of accuracy, (3) Certificate of approval of water supply and sewage disposal system, (4) Certificate of approval of streets and utilities, (5) Certificate of approval for recording, (6) Certificate of registration by register of deeds, (7) Certificate of approval and acceptance of dedications. (9-23-74, § 5-3; Ord. of 4-22-96(1), § 5) Sec. 15-19. Planning board and city board reviews. (a) Planning board review. The final plat shall be reviewed by the planning board. (1) The final plat shall be checked against the approved preliminary plat; (2) The planning board's technical advisory committee shall check the final plat in the field (b) If the final plat is found to be in compliance with this chapter, it shall be certified by the planning board, whereupon the planning board chairman shall transmit the approved final plat to the board of commissioners for final action. If the final plat is not in compliance with this chapter or the planning board does not approve the changes from the approved preliminary plat, the subdivider shall be given an opportunity to submit a revised final plat. If a revised final plat is not submitted within sixty (60) days, the chairman of the planning board shall transmit the final plat together with the planning board's recommendations to the board of commissioners. The board of commissioners shall acknowledge receipt of such plat and recommendations of the planning board. (c) City board review/approval. Upon receipt of a final plat from the planning board, the board of commissioners shall review the final plat and shall either approve or disapprove such plat. Approval of the final plat by the board of commissioners is authorization for the subdivider to file the final plat with the register of deeds of the county for recording. Approval by the board of commissioners shall be noted on the appropriate certificate on five (5) copies of the final plat and the original. [Rick needs 5 copies] No final plat shall be approved until all required improvements are installed, or suitable arrangements have been made to ensure installation pursuant to section 15-30 and the certificates required by this chapter to appear on the final plat have been properly filled out and signed. The subdivider shall file the approved final plat with the register of deeds of the county within ninety (90) days after the approval of the board of commissioners or such approval shall be void. If the city board should disapprove the final plat, the reasons for such action shall be stated in writing. One copy of such reasons with the original drawing and remaining prints of the proposed subdivision shall be transmitted to the subdivider. 13 The approval of a final plat pursuant to these regulations shall not be deemed to constitute or affect the acceptance by the city, a governmental unit or a public body of the dedication of any street or other ground, a public utility line, or other facility shown on the plat. However, the board may by resolution accept any dedication made to the public of lands or facilities for streets, parks, public utility lines, or other public purposes, 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. Provided, however, with respect to a major subdivision, the city board shall accept dedication of any and all new streets, shoulders, ditches, curbs, gutters, and sidewalks within such subdivision that have been installed in accordance with Article III and that have been warranted by the subdivider as to materials, workmanship, and compliance with Article III of Chapter 15 of the Havelock City Code for at least eighteen (18) months following acceptance of such dedication. Acceptance by the city board shall place on the city the duty to operate, repair, and maintain the streets, shoulders, ditches, curbs, gutters, and sidewalks so accepted, except as to defects, repairs, and maintenance during the warranty period that are covered by the warranty required hereunder, and except as to damages prohibited in section 14-1 of the Havelock City Code. (9-23-74, § 5-3; Ord. of 8-28-80, § 1) ARTICLE III. ROPROVEMENTS AND DESIGN STANDARDS aSec. 15-20. Improvements required. a Approval of the final plat by the city board of commissioners is subject to the subdivider having installed or guaranteed the following improvements pursuant to section 15-30 in accordance with requirements of this article: �J 11 0 7 I 14 I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 SUBDIVISION OF LAND Improvement R20A R20 R15 R13A R12 R10 R7 RM/PUD R-MH HC HC HC LI LI 20,000 20,000 15,000 13,500 12,000 10,000 7,000 8,000 5,000 ACUIZ OI ACUIZ Dedication of x x x x x x x Did. or x x x x x x Street HOT Paved x x x x x x x x x x x x x x _ Streets Sec. 15-27 Approved x x x x x Swale Drainage Sec. 15-20(a) Curb/Gutter x x x x x x x x x Sec. 15-23 Central x x x x x x x x x x x x Water and Hydrants Sec. 15-28 Approved x x x x x x x x x x x x x x Water and Sewer Systems Sec. 15-28-31(d) Sidewalks x x x x x x x x x x x x x x Sec. 15-22 Street Lights x x x x x x x x x x x x x x Street x x x x x x x x x x x x x x Signs (street names, traffic signs when applicable) Underground x x x x x x x x x x x x x x Electrical Utilities 15 O O O O O O O O O O O O O O O O 0 0 0 **MH Class A Overlay District - Requirements shall be the same as those required for the underlying district. 16 (a) The subdivider shall provide stormwater systems and storm drainage system for the proper drainage ` of all surface waters. No surface water shall be channeled or directed into a sanitary sewer. 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. Where surface drainage courses are provided, they shall be of shallow swale ditch type having side slopes of approximately three (3) feet of horizontal distance for each one foot of vertical distance, and courses shall be sufficient size to accommodate the drainage area. The minimum grade along the bottom of a surface drainage course shall be a vertical fall of approximately one foot in each three hundred (300) feet of horizontal distance. This section is subject to the requirements of Article III, section 15-28. a(b) See Article II of Appendix A "R-13A Single Family Residential District." a (c) Any new subdivision street located within two (2) blocks of a school (district access) shall be required to have sidewalks on both sides of the street, regardless of lot size and zoning classification. (d) Article V, sections 15-39 and 15-40 shall govern modifications of and variances from the improvements set forth in this section; provided, however, that modifications or variances from requirements may be permitted upon a determination by professional engineers registered in the state, applying generally accepted engineering principles, that due to topographic or other conditions undue practical difficulties or undue hardships would result if adherence to these provisions are required. The initial determination shall be made by an engineer for the city and an engineer for the subdivider. In the event these two (2) engineers are unable to agree as to any matter concerning such proposed variation or modification, such disagreement shall be referred to a third engineer selected by the engineer for the city and the engineer for the subdivider. The engineer so selected shall settle the disagreement between the engineer for the city and the engineer for the subdivider. The engineers shall submit their findings to the director of inspections who. promptly shall submit the findings to the planning board for consideration. All expenses incurred by the city in obtaining the opinion of the engineers shall be paid by the subdivider. (e) Underground wiring is required encouraged unless the utility company serving the subdivision has a policy which mandates above ground utility poles. In such cases, the above ground utility poles shall be at the rear of the lots. Transformers and other apparatus may be installed on the ground surface if it is found by the planning board to be technically unfeasible to install such equipment below the surface. (9-23-74, § 6-1; 11-8-76; Mo. of 12-19-83; Ord. of 11-25-85, § 1; Ord. of 4-24-95(2), §§ 2, 3; Ord. of 422-96(1), § 7) Sec. 15-21. Land suitability. Land subject to flooding, improper drainage, erosion or which for topographical or other reasons is unsuitable for residential use as determined by the planning board shall not be platted for residential use or for any other use that will continue or increase the danger to health, safety, or property unless the hazards can be and are corrected. (9-23-74, § 6-2) Sec.15-22. Sidewalks. Sidewalks shall be installed by the developer and shall be constructed to a -minimum width of four (4) feet, 17 and shall consist of a minimum thickness of four (4) inches of reinforced concrete. All sidewalks shall be placed in the right-of-way, unless the development is platted as a planned development. A two (2) foot wide grass strip shall be included between the sidewalk and the street. The sidewalk and grass strip shall be extended to the nearest intersection. The number of sidewalks required shall be according to the following table: a Number Major/Minor Major/Minor Collector Local Cul-de-sac of Thoroughfare Thoroughfare street street Sidewalks (>= 3 lanes) (< 3 lanes) Both Sides X One Side X X X X (9-23-74, § 6-3; Ord. of 4-22-96(1), § 8) aSec. 15-23. Curbs and gutters. Curbs and gutters shall be installed by the developer in accordance with accepted construction standards as specified in "Roadway Standards," state department of transportation and in accordance with city policy. Curb and gutter shall not be required on marginal access streets within any residential zoning districts. Curb and gutter must be extended to the nearest intersection with curb cuts as required. (9-23-74, § 6-4; Ord. of 4-22-96(1), § 9) Sec. 15-24. Street name signs and traffic control signs. Appropriate street name signs which meet standard city policy shall be installed by the de Y eloper city, with a all cost incurred being charged to the developer, at all street intersections. Names of streets shall be approved by the planning board and the Craven County E-911 administrator before adoption of the final plat. A proposed street which is in alignment with an existing street shall bear the mane of the existing astreet. Traffic control signs shall be installed by the city, with all costs incurred being charged to the developer, at all appropriate street intersections as required by the city,. or state department of transportation, division of highways. (9-23-74, § 6-5) _ Sec. 15-25. Street lighting. (a) Lighting plan. Before final approval of a subdivision plat, the developer shall present a street lighting plan, formulated with the aid of the local utility serving the area in which the subdivision is being developed. Street lights shall be installed at every intersection, or cul-de-sac, and at intervals of no less than five hundred (500) feet between intersections in residential areas. Additional street lights shall be installed in accordance with city policy. (b) Rental costs. Rental costs of street lights, if within the city shall be assumed by the city. Rental costs of street lights, if outside the city limits, shall be assumed by the subdivider or property owner. Q(9-23-74, § 6-6) 18 @i Stop .■ • yicid signs. [combine 1 paragraph Stop l .•w • r� ►..r. ai by n • .r • r• r • r .� n r • ►. • • division• n r 23-:7- - • Sec.15-27. Streets. The following shall be considered the minimum standards of design for subdivisions within the city's jurisdiction, but in no case shall these standards be less than the accepted policies of the state department of transportation, division of highways as taken or modified from the American Association of State Highway Ofcials' (AASHO) manuals. (1) Generally. The proposed street layout shall be coordinated with the existing street system of the surrounding area. a. Minor thoroughfares, local streets and cuts -de -sac shall be so laid out that their use by through traffic will be discouraged. b. All new proposed street systems within a subdivision shall be coordinated with the existing street or road system surrounding such subdivision. C. Where in the opinion of the planning board, it is necessary to provide for street access to an adjoining property, proposed streets shall be extended by platting to the boundary of such property and a temporary turnaround shall be provided. d. Private streets not open to public use shall be prohibited within any platted subdivision. e. When a subdivision abuts a major thoroughfare or principal arterial street, the subdivider may be required to construct a frontage road, or in most instances reverse frontage on a minor street for the lots to be developed adjacent to the thoroughfare. Where reverse frontage is established, private driveways shall be prevented from having direct access to the thoroughfare. f. Street Limnes which dapficatc or 1 photwdcaffy sfinfim to cmistfixg,■ .e m 1 1 .ff r r • n r t. • A proposed ■ .. n n iL *JLU=lt with mi existingstreet rn r .■ the Am=of the •n 1 street.paragraph 15-24] g. When a tract of land is subdivided into lots which are larger than the norm, the lots will be designed and arranged so that they allow for future opening of streets and further logical subdiviion. a h. Subdividers are encouraged to implement a subdivision street system that (i) connects in at least wo separate areas with an existing street or road system surrounding such subdivision and (ii) will allow emergency vehicles easily to access the subdivision other than by the primary entrance to the asubdivision. (2) Right-of-way. Minimum street right-of-way widths shall not be less than the following: aa. Right-of-way widths. 19 1. US 70 and NC 101.... 200 feet 2. Major thoroughfares... 200 feet 3. Minor thoroughfares.... 80 feet 4. Collector street.... 60 feet* 5. Local street.... 60 feet* 6. Cul-de-sac.... 60 feet* 7. Cul-de-sac turnaround.... 100 feet (diameter) 8. Marginal access.... 80 feet 9. Frontage road.... 60 feet* *Or greater as required to accommodate drainage and sidewalks. The subdivider will only be required to dedicate 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 to reserve the amount in 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. b. 1. Pavement widths. Minimum pavement width shall not be less than the following when utilizing curb and gutter: Measured from back of curb to back of curb L Major thoroughfare.... 47 feet I Minor thoroughfare.... 47 feet iii. Collector street.... 32 feet iv. Local street.... 28 feet v. Cul-de-sac.... 28 feet vi. Cul-de-sac turnaround.... 80 feet (diameter) vii. Marginal access.... not applicable viiL Frontage road.... 28 feet 2. Pavement widths. Minimum pavement width shall not be less than the following when utilizing swale drainage: i. Major thoroughfare.... Measured from edge of pavement to edge of pavement 45 feet 20 iL Minor thoroughfare.... 45 feet in. Collector street.... 28 feet iv. Local street.... 24 feet v. Cul-de-sac.... 24 feet vL Cul-de-sac turnaround.... 80 feet (diameter) vii. Marginal access.... 28 feet viiL Frontage road.... 24 feet C. Pavement construction shall be in accordance with the most current acceptedmrdwdrof . technical specifications of the city. d. Streets shall be marked in accordance with the applicable provisions of the North Carolina Department of Transportation Highway Marking Manual and supplement to the Manual on Uniform Traffic Control Devices for Streets and Highways, as amended from time to time. (3) Design and geometric characteristics. The standard outlined below shall apply to all subdivision streets proposed for addition to the state highway system or municipal 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. a. Design speed. The design speeds for subdivision -type streets shall be: Desirable Minimum 1. Major thoroughfares.... 60 (40) 2. Minor thoroughfares.... 60 (40) 3. Local streets.... 40 (30) b. Geometry. When a continuous street center line deflects at any point by more than three (3) degrees a circular curve shall be introduced, having a radius of curvature on such center line of not less than the following: 1. Major thoroughfares.... 300 feet 2. Minor thoroughfares.... 200 feet 3. Local streets.... 100 feet 21 C. Tangents. A tangent at least one hundred (100) feet long shall be provided between reverse curves on all streets. d. . Right angles. Streets shall be laid out so as to intersect as nearly as possible at right angles and on street shall intersect any other street at less than sixty (60) degrees. e. Jogs. Street jogs with center line offsets of less than one hundred twenty-five (125) feet on major .0 or collector streets shall be avoided. f Intersections. Intersections with a major highway shall be at least eight hundred (800) feet apart. g- Property lines at street intersections. Property lines at street intersections shall be rounded with a aminimum radius of twenty (20) feet or of a greater radius when required by the planning board. h. Cul-de-sac and dead-end streets. In general, streets designed to have one end permanently closed Qshall be avoided unless it is clear that a through street is not essential to the street system of the area. Cul-de-sac and permanent dead-end streets shall have: a1. A turnaround at the closed end with the diameters specified for a cul-de-sac turnaround in section 15-27(2); and 2. A length not longer than the total number of feet shown on the following table: Zoning District Feet R-20A/R-20 ... 1000 R-15 ... 1000 R-13... 850 R-12... 800 R-10 ... 800 R-7 ... 700 aR-M ... .500 This length is measured from the street intersection (including an intersection with another cul-de- sac or dead-end street) nearest the closed end to such closed end. For purposes of this subsection h., "dwelling unit" shall have the meaning given in Appendix A, Zoning, Article II, Section 3-17, and related definitions. For purposes of subsection h.2. above, "Zoning District" shall have the meaning generally given in Appendix A, Zoning. I. Service drives or alleys. Service drives or alleys shall be required to serve lots used for commercial and industrial purposes except that this requirement may be waived where other definite and assured provision is made for service access. i- embs mid emb cats. V&=e cmbs mid cmb cats me histafied stich devices shaft comply with (9-23-74, § 6-8; Ord. of 4-22-96(1), § 10; Ord. of 4-14-97(1), §§ 1-4) (� Sec. 15-28. Storm drainage, sanitary sewer and water facilities inside and outside of city; sedimentation u 22 control; stormwater systems. (a) Storm drainage, sanitary sewer and water facilities for subdivisions within the city limits. (1) The subdivider shall, in adhering to the provisions of this section, install water and sewer utilities in accordance with city specifications. (2) Plans and specifications shall be provided by the subdivider and forwarded to the director of inspections showing necessary storm drains, sedimentation control methods, sanitary sewer lines, water mains and items accessory to each that he wholly within the public right-of-way in the subdivision. After approval of these plans and specifications by the city manager, the county health department, and other authorizing agencies (Appendix E), installation by the subdivider can begin under city inspection. Where city sanitary sewer lines and water mains are within three hundred (300) feet, these sanitary sewer lines and water mains shall connect with the city system. Where city sanitary sewer lines and water mains are not within three hundred (300) feet, and whether plans have or. have not yet been formulated for the installation, and the proposed sanitary sewer lines and water mains are accessible, these sanitary sewer lines and water mains may connect with the city system at the city's discretion. Where city sanitary sewer lines and water mains are not reasonably accessible but where plans for the installation for such in the vicinity of the subdivision have been prepared, the proposed sanitary sewer lines and water mains shall be installed to conform with and to tie into such planned system, although connection to an existing sewer line or water main may not be immediately practicable, and during the interim, the use of septic tanks and absorption tile or other methods of sewage disposal meeting specifications of the city, the county health department and other authorizing agencies will be permitted the subdivider. Similarly, the use of a private water system approved by the city, the county health department, and other authorizing agencies will be permitted the subdivider. (3) The total cost of the storm drainage, sanitary sewer and water distribution improvements and accessories thereto such as manholes, drop inlets, catch basins, laterals, valves, fire hydrants and other items designed to connect with and become a part of the city storm drain, sanitary sewer or water distribution system -is to be borne by the subdivider. (b) Storm drain, sanitary sewer and water facilities for subdivisions outside the city limits and within the jurisdiction of this chapter. (1) The subdivider shall install water and sewer utilities in keeping with city specifications. The city shall not provide services outside of the city limits unless city specifications are adhered to. (2) If city water and sewer services are desired by the subdivider, plans and specifications shall be furnished to the city manager for the installation of necessary storm drains, sanitary sewer lines, water mains and items accessory to each that lie wholly within the public right-of-way in the subdivision. After approval of these plans and specifications by the city manager and other authorizing agencies (Appendix E), installation can begin under city inspection. City mains shall be installed to conform with and to tie into the city system prior to the paving of any streets involved. (3) The total cost of the storm drainage, sanitary sewer and water distributor improvements and accessories thereto such as manholes, drop inlets, catch basins, laterals, valves, fire hydrants and other items designed to connect with and become a part of the city storm drain, sanitary sewer or water distribution 23 asystem is to be borne by the subdivider. (c) Improvement completion agreement. In the event that the subdivider should desire to have the city contract for and install the improvements mentioned in this section, the subdivider shall bear the cost of such improvements of the completed project. Upon agreement by the city board to contract the project, the subdivider shall deposit with the city the amount which the city manager estimates will be the cost of the project. The subdivider will enter into a contract with the city which will stipulate if the completion costs exceed the original deposit the subdivider will bear the additional cost. Such contract will also state if the completed cost of the project is less than the original deposit a refund will be made immediately on the (l excessive amount by the city. (d) Sedimentation control. (1) Any unstabilized soil exposed during construction shall be stabilized with vegetable cover to prevent erosion by wind or surface water. (2) There shall be no evidence of increased siltation away from the construction area that results from soil being exposed during clearing operations for construction or during construction. (3) Surface drainage shall be directed whenever possible along natural drainage courses or nonstructural land drainage systems so that vegetation can cleanse run-off waters. (e) Stormwater systems. (1) The subdivider shall install on -site stormwater systems in accordance with and shall meet the minimum standards, provisions and requirements of North Carolina General Statutes, Sections 143-214.7 and 143-215.1 and any rules or permits promulgated thereunder and any future amendments or additions thereto, which hereby are adopted and incorporated by reference into this chapter. Future amendments to North Carolina General Statutes, Sections 143-214.7 and 143-215.1 and any rules or permits promulgated thereunder shall be effective as to all subdividers as of the effective date stated in such amendment. The subdivider also shall meet the specifications and requirements of subsection (2) below if the completed development is subject to North Carolina General Statutes, Sections 143-214.7 and 143-215.1 and any rules or permits promulgated thereunder and does not meet any exemption under such rules or permits. All terms shall have the meaning ascribed in the rules. (2) a. On -site stormwater systems shall fit the general scheme of the development, shall be considered an amenity of the development, and shall not be of a design or nature as to constitute an attractive nuisance; a b. The ten -foot perimeter of any on -site stormwater system (measured from the high water line, if applicable) shall be landscaped to prevent erosion and to integrate the on -site stormwater system into the general surroundings and development scheme; aC. Wet detention ponds shall be of irregular shape and shall have sides which gradually slope to the center of the pond; and, d. The depth at the deepest point of any wet detention pond shall be between three (3) and six (6) feet. (9-23-74, § 6-9; Ord. of 4-24-95, § 5) a 24 Sec. 15-29. Temporary utilities, efectrica f mid telephone sm viec. i (a) Temporary utilities. Temporary sewage disposal systems installed due to city sewer being neither accessible nor planned shall be financed by the subdivider without reimbursement by the city. . [move to 15-20 (e)] (9-23-74, § 6-10) OSec. 15-30. Guarantee of improvements. (a) Generally. Where the required improvements have not been completed prior to the submission of the plat for final approval, the city board may approve such plat subject to the subdivider guaranteeing the installation of the improvements. Such guarantees shall be in an amount of not less than the estimated cost a of the construction of the required improvements. This amount shall be determined by the city manager. Performance guarantees shall run for a period of one year and may be renewed once for a period of one year upon written approval from the city board. a Under no circumstances shall the city be liable to any person or group of persons for any failure to perform hereunder. a(b) Performance guarantee. All improvements shall be guaranteed by one of the following methods or any other method approved by the city board. (1) A deed of trust (bond) on the property to be developed (or on other property owned by the developer); a proportionate share of the monies derived from each sale of the property by the developer will be applied to the satisfaction of the bond. (2) A letter of credit or line of credit from a lending institution that specifies a limit of credit which may be extended to a developer upon request. This amount may not be used for purposes other than a the improvements specified for the subdivision being approved. The lending institution shall agree to provide assurance to the city board of commissioners that a notice of advances on the specified "line of acredit" will be forwarded by the lending institution to the city manager. (3) Savings account with any properly insured financial institution. Said account shall be rl established in the name of the City of Havelock (4) Performance or surety bond executed by a company duly licensed to do business in the state or certified check drawn in favor of the city, or cash deposited with the city. (9-23-74, § 6-11) aSec. 15-31. Lot design standards. (a) Lot sizes, shapes and locations shall be made with due regard to topographic conditions, acontemplated use, and the surrounding area. Land subject to flooding and land deemed by the planning board to be uninhabitable for other reasons shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard, but such land may a 25 a be set aside for such uses as will not be endangered by periodic or occasional inundation, or will not aproduce unsatisfactory living conditions. Development of land in a designated flood hazard area shall comply with all requirements of the City's Flood Damage Prevention Ordinance. (b) Every lot shall front or abut a public street. (c) No tesidmitial fot Residential lots shall have a frontage where it abuts a public street right-of-way of not less than thirty-five (35) feet, ­mid at least twelve (12) feet of which shall be unobstructed. O (d) Where public water and sewer facilities are not available and individual water supplies or individual sewage disposal systems are planned, the subdivision owner at his own expense shall have the site investigated by the county health department and any other authorizing agency (see Appendix E) to determine whether or not such individual facilities are feasible and shall present proof to the planning board that appropriate soil tests have been conducted, and each lot in the subdivision not served by public water or sewage disposal systems has been approved by the county health department for individual water supplies aor sewage disposal systems. The site investigation for sewage disposal shall include sufficient number of percolation tests, and test holes of sufficient depth to determine the absorption capacity of the soil and the location of the ground -water table, and of rock formations or other impervious strata. The number of percolation tests required, the depth of test holes and the testing method shall be determined and directly supervised by the county sanitarian. (1) Where individual sewage disposal systems are planned, the minimum lot sizes specified in this chapter shall be increased as required by the results of percolation tests and subsoil investigation. 7ks 'a inirdinmn drc fbffo w irT shafl applyr a: fit m.w not se, Yed by a COTMIT1311ityOL public sewer systern, the distmice between ... ) square ' •• • fifty• feet deep. r fix areas I=khrg r •. cuimnmrity watei m• coimnmfity sewer systeins, • n■ nn ■ ' • ••• •• ) feet -at the . ■ ■•lna•.�q��•7►I.1�.r■.��:n�a■■anl•:•��A♦1♦�st.�•ii•t� 1• fi for a septic tmik systair location mrd opmation. 'Bre focation mid extent of these watetaffieds is determined (33� (2) Water supply and sewerage facilities shall comply with applicable state and county public ahealth laws and regulations, in all aspects not specifically mentioned in this chapter. fC) e0IIML lots foit residentimi use shaft have mi extra width of fifteen (i5) f�et tO IMLInit adeqUatC bafiding setback finin side . [move to 15-32] (e) Double frontage and reverse frontage lots shall be avoided except where necessary to separate 26 a residential development from through traffic. (g) (/) Side lot lines shall be substantially at right angles or radial to street lines. (h) (g) Depth and width of properties reserved or laid out for commercial use and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated. (9-23-74, § 6-12) Sec.15-32. Setbacks. N. The minimum building setback line or the distance between the street right-of-way line and the building line a shall be not less than that prescribed in the zoning ordinance of the city for the appropriate zoning district or districts in which the subdivision exists. Corner lots for residential use shall have an extra width of fifteen (15) feet to permit adequate building setback from side streets For lots with more than one (1) street frontage, the building setbacks for the sides abutting the streets shall equal that of the front yard of the zoning district in which the subdivision exists (9-23-74, § 6-13) Sec.15-33. Blocks. a(a) Blocks shall be laid out with special attention given to the type of use contemplated. (b) ' (466) feet. A block shall be defined as a tract of land bounded by streets, or by a combination of streets and. public parks, cemeteries, railroad rights -of -way, shorelines or waterways, or boundary lines of municipalities, or one quarter (114) mile (1250) linear feet, whichever is less. (c) Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depth except where otherwise required to separate residential development from through traffic. (d) Pedestrian ways or crosswalks shall be provided near the center of blocks, where deemed essential in the opinion of the planning board, to provide adequate pedestrian circulation or access to schools, shopping centers, churches or transportation facilities. (9-23-74, § 6-14) aSec.15-34. Easements. (a) The subdivider shall convey easements to the city or appropriate utility company for both underground and overhead utility installation and drainage maintenance where needed. Easements shall be at least twenty (20) feet wide, and normally centered along rear or side lot lines. Wider easements may abe required if the topography along the proposed right-of-way is such that maintenance equipment cannot reasonably operate within the minimum twenty -foot wide easement. Where easements are required along the outside perimeter of a subdivision, the subdivider shall ensure a minimum of twenty (20) feet is provided; dedicated easements on adjoining properties may be considered in calculating the width of the easement that will be required for the subdivision. 27 a (b) Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the "100-year floodplain" and such further width or construction, or both, as will be adequate for the purpose of managing stormwater runoff in a manner that will safeguard the health and property of the citizens of the city. Parallel streets Streets or parkways may be required in connection therewith if deemed in the public interest by the city board of commissioners. (c) Lakes, ponds, creeks and similar areas will may be accepted for maintenance only if sufficient adjacent land is dedicated as a public recreation area or park or if such area constitutes a necessary part of the drainage control system. Such areas must be approved by the city board of commissioners upon recommendation of the planning board and recreation director. (d) If the city elects to maintain any on -site stormwater system, the subdivider shall convey to the city an easement covering the stormwater system together with an easement and right-of-way for access to such on -site stormwater system. The easement and right-of-way shall provide access to the on -site stormwater system from a public street and shall be at least twenty (20) feet wide for access from the public road and at least fifteen (15) feet around the perimeter of the on -site stormwater system (measured from the high water line, if applicable). (9-23-74, § 6-15; Ord. of 4-24-95, § 6) (e) Easements that are to be dedicated to the city shall be filed with the city clerk at the time the subdivision is recorded Sec. 15-35. Permanent reference points. a Prior to the approval of the final plat, permanent reference points shall have been established in accordance awith the requirements set forth in this section. (1) Subdivision corner tie. At least one corner of the subdivision shall be designated by course and distance (tie) from a readily discernable reference marker. If a corner is within two thousand (2,000) feet of a U.S. Coast and Geodetic Station or N.C. Grid System coordinated monument, or city coordinated system, if such exists, then this corner shall be marked with a monument so designated by computed X and aY coordinates which shall appear on the map with a statement identifying this station or monument to an accuracy of 1:10,000. When such a monument or station is not available, the tie shall be made to some pertinent and readily recognizable landmark or identifiable point, physical object or structure. However, if in the opinion of the planrifiS bon 1 board of commissioners, a subdivision is of such small size, or if there is an existing tie within a reasonable distance of the subdivision, this shall not be required. (2) Monuments. Within each block of a subdivision at least two (2) monuments designed and designated as control corners shall be installed. The surveyor shall employ additional monuments if required. All monuments shall be constructed of concrete and shall be at least four (4) inches in diameter or square and not less than three (3) feet in length. Each monument shall have embedded in its top or attached by a .suitable means a metal plate of noncorrosive material and marked plainly with the point, the surveyor's registration number, the month and year it was installed, and the word "monument" or "control corner." A monument shall be set thirty (30) inches in the ground unless this requirement is impractical because of unusual conditions upon the recommendation of the planning board and approval of the board of acommissioners. Monuments shall be installed prior to the Step III approval. 28 0 (3) Property markers. A steel or wrought iron pipe or the equivalent of not less than three -fourths (3/4) inches in diameter and at least thirty (30) inches in length shall be set at all corners, except those located by monuments. A marker shall also be set at a point of curve, and point of tangency unless a monument has O already been placed at such points. Additional markers shall be placed where required by the city: board of commissioners. Property markers shall be installed prior to the Step III approval. n - (4) Accuracy. The allowable angular error of closure and the linear error of closure for surveys within the town city and within one mile thereof shall be in accordance withchapter V of the "Manual of Practice f6r hand Surveying" published by the requirements of the state board of registration for professional engineers and land surveyors. (9-23-74, § 6-16) I ARTICLE IV. PUBLIC FACILITIES Sec. 15-36. Parks and public recreation. In the event that a proposed park, greenway, or other public park site shown on any part of the officially adopted land development use plan for the city is located in whole or in part within a proposed subdivision, the planning board and city board of commissioners shall require that the subdivider leave such land unsubdivided for six (6) months to give the city opportunities to negotiate purchase at the raw land price or initiate condemnation proceedings. (9-23-74, § 7-1) Sec.15-37. Schools. When a preliminary subdivision plat is submitted for approval, in which, according to the city land development use plan, a school site should be reserved, the planning board shall notify the board of eduction that the subdivision has been submitted for approval and that under this section a school site may be reserved therein. In reviewing the subdivision and giving approval thereto, the planning board shall consult the board of education in determining the exact size and location of any school site to be reserved therein. Before the final plat of the subdivision is finally approved, the board of education shall determine whether or not it wishes to have a school site reserved in the subdivision. If the board of education does not wish to have a school site reserved in the subdivision, it shall so notify the planning board and in that event no school site shall be reserved therein. If the board of education does wish to have a school site reserved in the subdivision, the subdivision as finally approved shall reserve a school site of a size and location agreeable to the board of education and to the planning board. If the board of education has not purchased or begun proceedings to acquire the site within a maximum of eighteen (18) months after the subdivision is finally approved, the subdivider may treat the lands as freed of the reservation. If the board of education does not wish to have a school site reserved, the subdivider shall be immediately notified that he may proceed with the disposition of the land in question in accordance with the subdivision procedures and provisions of this chapter. (9-23-74, § 7-2) Sec. 15-38. Subdivision recreation areas. (a) Generally. Every person, corporation, partnership, other entity or any combination thereof who or which subdivides or develops land for residential purposes is required to dedicate a portion of such land for 29 0 the purposes of recreation as provided in subparagraph (b)(i) below or, upon determination by the board of commissioners that the land is not suitable for recreational purposes, to make a payment in lieu of dedication as provided in subparagraph (b)(ii) below. At the request of the subdivider or developer, the board of commissioners may accept a payment in lieu of dedication notwithstanding that land within the D property to be subdivided or developed may be suitable for recreational purposes or may accept a partial dedication of land and a partial payment in lieu thereof when the board of commissioners determines that same is in the best interest of the citizens of the area to be served. All payments received by the city in lieu of dedication shall be expended for capital improvements of recreation facilities within the city or its extraterritorial jurisdiction. O(b) (i) Amount of land to be dedicated. The amount of land required to be dedicated by a subdivider or developer shall be based upon the most recent U.S. Bureau of Census population figures for an average size (� family in the city and a park and recreation standard factor of seven (7) acres per one thousand (1,000) l� persons determined by the following formula: Total number Average .007 acres Amount of dwelling x size x per person x of units proposed of family land to Qbe dedicated Examples: 100 units X 3.2 persons/unit X .007 acres/person = 2.24 acres n 26 units X 3.2 persons/unit X .007 acres/person = 0.58 acres u (b) (ii) Amount of payment in lieu of dedication. The amount of money required to be paid in lieu of dedication by a subdivider or developer shall be an amount based upon the most recent U.S. Bureau of Census population figures for an average size family in the city, a park and recreation standard factor of seven (7) acres per one thousand (1,000) persons and the average per acre value for property tax purposes of the land to be subdivided determined by the following formula: Total number Average .007 acres 25% of D of x size x per person... x the dwelling of family average units per proposed acre value for property tax purposes of land to be subdivided Examples: Anwt of 9WE't in lieu of deflation 100 units X 3.2 persons/unit X .007 acres/person X (.25 X. $2,563.81 average per acre value for W 0 property tax purposes) = $1,435.73 26 units X 3.2 personstunit X .007 acres/person X (.25 X $2,563.81 average per acre value for property tax purposes) = $373.29. (c) Suitability of land. Criteria for use in evaluating suitability of proposed recreation areas shall include but not be limited to the following, as determined by the city board of commissioners after recommendations of the planning board: (1) Unity. The dedicated recreation land shall, where possible, form a single parcel of land except where the city board of commissioners, upon recommendation of the planning board, determines that two (2) parcels or more would be in the public interest. Recreation areas shall fit into an interconnected system with pedestrian walkways, which could also serve as routes to schools, churches and other major pedestrian destinations. (2) Location and access. The dedicated recreation land shall be located so as to reasonably serve the recreational needs of the immediate neighborhood within the subdivision. The recreation and walkway system should be located in block interiors and oriented away from exposure to heavy automotive traffic. Dedicated recreation land must have a minimum width of at least sixty (60) feet of street frontage or a dedicated right-of-way of not less than sixty (60) feet in width. U (3) Usableness. The dedicated recreation land shall be usable for recreation. Lakes and swampy areas shall not be included in computing dedicated recreation land area unless acceptable to the city board a of commissioners upon recommendation of the planning board and recreation director. Lift stations or other utility facilities are prohibited on dedicated recreation land. a(d) Administrative procedures. (1) Subdivider responsibility. At the time of filing a preliminary plat for approval, the owner of the property shall, as a part of such filing, indicate the area or areas to be dedicated for recreation purposes on the preliminary plat as submitted or his desires to give fees in lieu of dedication. O(2) City responsibility. At the time the preliminary plat is submitted for approval, the planning board shall make its recommendations to the city board as to accept a dedication or fee in lieu of dedication of land within the subdivision. 3 Prerequisitesf r r h i d such () o approval of final plat. Where a dedication is requued by the city board, dedication shall be shown upon the final plat submitted for approval. Where a dedication of land is proposed for a subdivision, the deed will be submitted with the final plat. If a fee in lieu of land is proposed the fee may be paid upon final subdivision approval by the city board of commissioners or the developer may choose to n pay, by the lot, with the request for a building permit. u (e) Intent of section. It is the intent of this section to permit an early determination regarding recreation areas, especially ,of small subdivisions which, because of their proximity to other recreation areas or other good reasons, may not need recreation areas for the orderly development of the proposed subdivision. (9-23-74, § 7-3; 1-24-77; Ord. of 3-28-88; Ord. of 7-24-95; Ord. of 5-8-95(1), §§ 1-3) a .. 31 hi the caseoff a plan oz ptogrmn fbrplanned develOpMentin thejudgtimntof plannhT board, provides adequate fight, air, n • se, vice needsof •r developed .r • populated, a • a • provides sr • .r or othet legat provisions as wn assaie confornfityto .r • adfievement of .n• development p1mi of m• flie inoningot dinwice,pl=fing board • i • .r • the city board of • i •may atithotize.n .n• .r • m• tequiteinents of r • w r r•. • and the masuningon ••n • was r.w • set fbith.• • here that these egulations be used in association vvith the planned development • • visions of • i • dinance. 2biy Modifications design criteria of g• •needed, in opinioli of r .r 1 n board, • ffiffiff the intent m• paipoml of p1mmed development provisions of • n oidinance .r permitted. • - •[Move1 section to the Zoning1 1 1 Sec.15-40. Variances. Where, because of topographical or other conditions peculiar to the site, strict adherence to the provisions of the regulations of this chapter would cause an unnecessary hardship, the planning board may recommend and the city board of commissioners may authorize a variance, if such variance can be made without destroying the intent of these regulations. Any variance thus authorized is required to be entered in writing in the minutes of the planning board and the city board of commissioners with the reasoning on which the departure was justified set forth. (9-23-74, § 9-2) ARTICLE VI. PLAT APPROVAL FOR MINOR SUBDIVISIONS DIVISION 1. GENERALLY Sec. 15-41. Basic two-step application sequence. The basic two-step application sequence which the subdivider must follow is outlined below. The detailed application procedures are contained in divisions 2 and 3 of this article. (a) Step I. Sketch design presentation. (i) Subdividei comes to inspections office and gets on planning board's agenda. (2) ft is econnnended fliat the subdivider or tfis agent conic to the Planning board niecting: (3) Discussion of die proposed subdivision plattitT widi presentation of the e4aired sketch design inforinatio n. (1) Subdivider comes to planning office and gets on planning board's agenda. (2) Subdivider comes to the regular monthly planning board meeting. (3) Discussion and presentation of subdivider's ideas (4) Consideration and recommendation by the planning board, including determination as to whether the subdivision is a minor subdivision, as defined in section 15-3. 32 a (b) Step 111. Final ... distributes the pfat to die tecinfical ad ittm. mid act. (3) eonsidetation mid action by the plannfiT board vvith ieconnnendation: to tile b (1) Subdivider's preliminary plat is presented to director of inspections who distributes the plat to the technical advisory committee. (2) Technical advisory committee reviews plat and presents it to the planning board for review. (3) Consideration and recommendation by planning board. (4) Board of commissioners consideration and action. (5) If approved by board of commissioners, applicant files plat with the county register of deeds. n (3-14-77, § 3) DIVISION 2. SKETCH DESIGN PRESENTATION (STEP I) aSec. 15-42. Applicant action. O (a) Submission procedure. At least fourteen (14) days Prior prior to a regular meeting of the planning board, the subdivider shall contact the city director of inspections who will" present the subdivider with the regulations pertaining to subdivision development in the city and the city technical specifications manual and-(2) schedule utesof time at the next regular meeting of the planning board. (b) Purpose. This is an informal meeting to acquaint the planning board with the subdivider's ideas and a to assure the subdivider that he has access to all the codes and assistance available to the city prior to any extensive investments in drafting, surveying and engineering. (c) No fee. There is no formal application or fee for this meeting. (3-14-77, § 3) Sec. 15-43. Required information. The sketch design presentation basically should be a discussion of the subdivider's ideas. 1 he i (a) () T subdivider must submit the required site information; . on a map. (b) (2) Required site information: (1) Site location; (2) Acreage in tract (approximate); (3) Average lot size (approximate); (4) Number of lots; (5) Utility services available; (6) Topographic features; to include flood zone and floodplain boundaries and elevations; (7) Street access to property; 33 H (8) Subdivision signs; (9) Subdivider's intentions with regard to dedication of recreation land or paying a fee in lieu of dedication. (3-14-77, § 3; Ord. of 4-10-89, § 7) a Sec. 15-44. Board action. OThe planning board shall review the proposed subdivision and make suggestions to the subdivider. (3-14-77, § 3) aDIVISION 3. FINAL PLAT PRESENTATION (STEP II) USec. 15-45. Applicant action. (a) The subdivider shall submit one original and-frvc-(5-) fourteen (14) copies of the final plat to the director of inspections or his designee at least seven (7) days prior to the reguiarly scheduled technical advisory committee meeting at which the plat will be ., reviewed (b) Fee. On application for prelmzinary final plat approval, the subdivider shall pay to the city an application fee in such amount as set by the board of commissioners from time to time and filed in the office of the city clerk. (3-14-77, § 3; 1-29-79, § 2) Sec. 15-46. Required information. a (a) The final plat shall be prepared by a registered surveyor licensed to do business in the state and shall comply specifically with the provisions of section 47-30 of the North Carolina General Statutes. The final plat shall show or be accompanied by the following information: a (1) Zoning classifications; (2) The lines of all streets and roads; (3) Lot lines and lot numbers; (4) Minimum building setback lines; r . (5) Reservations, easements, alleys and any areas to be dedicated to public use or sites for other than residential use, with notes stating their purpose and any limitations; a(6) Sufficient data to determine readily and reproduce on the ground the location, bearing and length of every street line, lot line, boundary line, block line and building line, whether curved or straight. This should include the radius, central angle and tangent distance for the center line of curved streets and curved property lines that are not the boundaries or curved streets; (7) All dimensions should be to the nearest one tenth foot and angles to the nearest minute; a (8) Accurate location and description of all monuments and markers; (9) The names and locations of adjoining subdivisions and streets, and the location and ownership of adjoining subdivided or unsubdivided property; (10) Title, date, name and location of subdivision, graphic scale and true north point; a (11) Name of owner plus land surveyor and surveyor's seal and land planner, if any; (12) Deed restrictions, if any. (13) Street improvements and sidewalks 34 a (14) Plans for storm drainage and sedimentation controls (15) Plans for electrical and telephone lines (b) Certification required before approval. (See Appendix A) (1) Certificate of ownership and dedication; (2) Certificate of accuracy; a(3) Certificate of approval of water supply and sewage disposal methods; (4) Certificate of approval for recording; (5) Certification of registration by register of deeds; (6) Certificate of approval and acceptance of dedications. (3-14-77, § 3) USec. 1547. Planning board and city board reviews. (a) Planning board review. The final plat shall be reviewed by the planning board and the planning board's technical advisory committee. The technical advisory committee shall check the final plat or it may appoint a surveyor or engineer to check the final plat against the subdivision's actual layout for correctness, charging Qthe costs to the subdivider if the plat is found to be in error. (b) If the final plat is found to be in compliance with this chapter, it shall be certified by the planning board. The planning board chairman shall transmit the approved final plat to the city board for final action. If the final plat is not in compliance with this chapter, the subdivider shall be given an opportunity to submit a revised final plat. If a revised final plat is not submitted within sixty days, the chairman of the planning board a shall transmit the final plat, together with the planning board's recommendations, to the city board. The city board shall acknowledge receipt of such plat and recommendations of the planning board. (c) City board review and action. Upon receipt of the final plat from the planning board, the city board shall review the final plat and shall either approve or disapprove such plat. Approval of the plat by the city board is authorization for the subdivider to file the final plat with the register of deeds of the County for recording; provided, that such plat has been approved by the planning board and certified by the chairman of the planning board. Approval by the city board shall be noted on the appropriate certificate on five copies of the final and on the original. The subdivider shall file the approved final plat with the register of deeds within ninety days after the approval of the city board or such approval shall become void. The approval of the final plat pursuant to these regulations shall not be deemed to constitute or affect the acceptance by the city, a governmental unit or a public body of the dedication of any lands or facilities shown on the plat. However, the city board may by resolution accept any dedication made to the public of lands and facilities when they are located within its subdivision regulation jurisdiction. Acceptance of dedication of land 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 land or facilities; 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 land or facilities located outside the corporate limits. (3-14-77, § 3) 35 APPENDICES APPENDIX A. CERTIFICATION FORMS The following certificates are required to appear on each of the linen or film copies of the final subdivision plats which are submitted to the planning board by the subdivider. (a) Certificate of ownership and dedication. I (We) hereby certify that I am (we are) the owner(s) of the property shown and described hereon and that I (we) hereby adopt this plan of subdivision with my (our) free consent, establish the minimum building lines, and dedicate all streets, alleys, walks, parks, and other open spaces to public or private use as noted. Further, I (we) certify that the land as shown hereon is within the subdivision regulations jurisdiction of the City of Havelock. Date: Owner(s) (b) Certificate of survey and accuracy. I hereby certify that this map was drawn under my supervision from an actual survey made under my supervision and boundaries not surveyed are shown as dashed lines; that the ratio of precision as calculated is 1:5000; that this map was prepared in accordance with G.S. 47-30 as amended. Witness my original signature, registration number and seal this day of (month, year). Registered Engineer or Surveyor, Registration Number (c) Certification of approval of water supply and sewage disposal system. We hereby certify that the on -site water supply and/or on -site sewage disposal systems installed, or proposed for installation in each lot of the subdivision, entitled fully meets the requirements of the Craven County Health Department (as described in Subdivision Regulations of the City of Havelock), and are hereby approved. Date: Craven County Health Director or his Authorized Representative City Manager, City of Havelock (d) Certificate of the approval of streets and utilities. We hereby certify: (1) that streets, utilities, and other improvements have been installed in an acceptable manner and according to the requirements of the City of Havelock Subdivision Ordinance in the subdivision entitled: , and (2) that a suitable guarantee of improvements has been made. Date: Mayor, City of Havelock City Manager, City of Havelock (e) Certificate of approval for recording. We hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Regulations for the City of Havelock, with the exception of such variances, if any, as are noted in the minutes of the Havelock Planning Board and/or City Board of Commissioners and that it has been approved for recording in the office of the Register of Deeds. Date: Chairman, Havelock Planning Board Mayor, City of Havelock (f) Certification of registration by register of deeds, North Carolina, Craven County. Filed for registration on the day of - - at (AM/PM) and duly recorded in theidap-B-oa Plat Cabinet on Page Slide(s) Register of Deeds (g) Certificate of approval and acceptance of dedications. t , the mayor of the City of Havelock, do certify that Havelock approved this plat or map and accepted the dedication of the easements, rights -of -way and public park shown thereon, but assume no responsibility to open or maintain the same until, in the opinion of the governing body of Havelock, it is in the public interest to do so. Date: 37 0 APPENDIX B SKETCH DESIGN CHECKLIST Date submitted Name of subdivision Location Owner Address OLand planner Address Surveyor or engineer Address Checklist of items presented G(1) Site location. (2) Acreage in tract (approximate) a (3) Average lot size (approximate) 4 Number of tots (approximate) a(5) Utility service design �j(6) rl Topographic features (7) Traffic Plan Open ideas (8) space Qa. recreation areas b. community facilities Q(9) Subdivision signs n Approved to proceed to preliminary plat t� (Date) with the following recommendations: Tel Tel Tel PRELMINARY PLAT CHECKLIST Date submitted _ Name of subdivision Location Owner Land planner APPENDIX C Address Address Tel. Tel Surveyor or engineer Address Tel Checklist of items required on preliminary plat(s) (1) Sketch vicinity map showing relationship between subdivision and surrounding area (with graphic scale and north point); (2) The location of existing and platted property lines, streets, buildings, water courses, railroads, transmission lines, sewers, bridges, culverts, and drainpipes, water mains, city and county lines (if adjoining) and any public utility easements; (3) Boundaries of tract shown with bearing and distances; (4) Streams, flood plains, elevation contours (2 ft.) when required by planning board, soil classifications, seasonal high water table, and vegetation at the site; (5) Names of adjoining property owners or subdivisions; (6) Zoning classifications, if any, both on the land to be subdivided and on adjoining land; (7) Proposed streets, street names, rights -of -way, roadway widths, and approximate grades; (8) Other proposed, rights -of -way or easements, location, widths, and purposes; (9) The plans for proposed drainage systems and utility layouts (sewer, water, gas, electricity, etc.) showing connections to existing systems or plans for individual water supply and septic tanks with percolation test results from the Craven County Health Department; (10) Proposed lot lines, lot and block numbers, and approximate dimensions; (11) Proposed minimum building setback lines; 40 (12) Proposed parks, school sites, public open spaces, and subdivision signs, if any; 0 (13) Site data: (1) Acreage in subdivision, a(2) Acreage in park or other land usage, (3) Average lot size, a(4) Total number of lots, (5) Lineal feet in streets. (14) Title, date, north point and graphic scale; (15) Name of owner plus the surveyor and land planner, if any. Approved to proceed to final plat. (Date) Subject to the following conditions: Disapproved for the following reasons: (Date) APPENDIX D aFINAL PLAT CHECKLIST Date submitted Name of subdivision Location Owner Address Tel Land planner Address Tel .0 Surveyor or engineer Address Tel Checklist of items required on final plat(s) (1) The lines of all streets and roads. (2) Lot lines and lot numbers. a(3) Minimum building setback lines. O (4) Reservations, easements, alleys, and any areas to be dedicated to public use or sites for other than residential use with notes stating their purpose and any limitations. a (5) Sufficient data to determine readily and reproduce on the ground, the location, bearing and length of every street line, lot line, boundary line, block line, and building line, whether curved or straight. This should include the radius, central angle, and tangent distance for the center line of curved Ostreets and curved property lines that are not the boundaries of curved streets. (6) All dimensions should be to the nearest one -tenth foot and angles to the nearest aminute. (7) Accurate location and description of all monuments and markers. (8) The names and locations of adjoining subdivisions and streets, and the location and ownership of adjoining unsubdivided property. (9) Title, date, name and location of subdivision, graphic scale, and true north (10) Name of owner plus the surveyor and land planner, if any. (11) Certification of ownership and dedication. (12) Certification of accuracy. 42 O (13) Certification of approval of water supply and sewage disposal system. (14) Certification of the approval of streets and utilities. (15) Certification of approval for recording. D (16) Certification of registration by register of deeds. (17) Certification of approval and acceptance of dedications. O(18) Certification of Review Officer Approved (Date) Subject to the following conditions: aDisapproved for the following reasons: (Date) (9-23-74) a a 0 a a 0 43 APPENDIX E ADDITIONAL REGULATIONS CONCERNING WATER SUPPLY AND SEWAGE DISPOSAL (a) Water supply and sewage disposal systems serving ten or more connections are classified as public water supplies and public sewage connections, respectfully by state law, and plans and specifications for such facilities must be approved by the Sanitary Engineering Section; Division of Health Services (ffirmerly the Resources, Not di 6arolina Department of Natural and Econonic Rmoui appropriate state authorizing agencies. - (b) Water supply and sewage disposal systems serving two to nine connections are regulated by state law, and plans and specifications for such facilities need approval by the Craven County Health Department or thc E)ffice of Water mid Air Resources, North eatrolina Depai tnient of Nata, al mid Econonfic Resources appropriate state authorizing agency, whichever is acceptable applicable. (c) Individual water supply and sewage disposal systems must be installed and maintained in accordance with state law. Approval of these individual systems shall be based on site investigation by the Craven County Health Department. On -site investigations include tests of the absorption capacity of the soil and sub -soil which will indicate whether a lot is suitable for individual water supply or individual sewage disposal systems. (d) Various combination of the above water supply and sewage disposal systems must meet the appropriate authorizing agencies' requirements according to state law. (9-23-74)