Subdivision Regulations-1990

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SUBDIVISION REGULATIONS
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13MJNSVACK COUNTY, NORTH CAROLINA
MARCH, 1990-

CITY OF SOUTHPORT
SUBDIVISION REGULATIONS
CITY OF SOUTHPORT BOARD OF ALDERMEN
C. B. Caroon, Mayor
Nelson E. Adams
James C. Brown
Mary H. Childs
William H. Crowe
Harry W. Gore
Paul W. Sweeney
CITY OF SOUTHPORT PLANNING BOARD
Douglas Ledgett, Chairman
Charles Sunder
Barbara Clewis
James Johnson
Bill Delaney, Jr.
William Nash
Prepared by:
T. Dale Holland Consulting Planners
Adopted March 8, 1990
The preparation of this report was financed in part through a
grant provided by the North Carolina Coastal Management Program,
through funds provided by the Coastal Zone Management Act of 1972,
as amended, which is administered by the Office of Ocean and
Coastal Resource Management, National Oceanic and Atmospheric
Administration.

TABLE OF CONTENTS
Page
I.
PREAMBLE . . . . . .
. . . . . . . . . . . . .
. . .
1
II.
PURPOSE . . . . . .
. . . . . . . . . . . . .
. . .
1
III.
TITLE . . . . . . .
. . . . . . . . . . . . .
. . .
2
IV.
JURISDICTION . . . .
. . . . . . . . . . . . .
. . .
2
V.
AUTHORITY . . . . .
. . . . . . . . . . . ...
. . .
2
VI.
DUTY OF THE BRUNSWICK
COUNTY REGISTER OF DEEDS
3
VII.
DEFINITION OF TERMS
. . . . . . . . . . . . .
. . .
4
VIII.
GENERAL REQUIREMENTS
AND DESIGN STANDARDS . .
. . .
8
IX.
PLAT REQUIREMENTS AND
PROCEDURES FOR REVIEW .
. . .
20
X.
SURVEY MARKERS . . .
. . . . . . . . . . ... .
.. . .
36
XI.
REQUIRED IMPROVEMENTS
PRIOR TO FINAL PLAT APPROVAL
38
XII.
GUARANTEE OF IMPROVEMENTS
AND REIMBURSEMENT
OF SUBDIVIDER FOR OVERSIZED
IMPROVEMENTS . . .
. . .
46
XIII.
ENFORCEMENT . . . .
. . . . . . . . . . . .
49
XIV.
ADMINISTRATION
50

I
SUBDIVISION REGULATIONS
FOR
SOUTHPORT, NORTH CAROLINA
I. PREAMBLE
Whereas, in the opinion of the Board of Aldermen of the City of'
Southport, it is necessary and advisable to provide -for the
planned and systematic development of the City and its environs;
with efficient methods for the integration of proposed subdivision
streets with existing and proposed city streets; for the dedi-
cation of street rights -of -way and utility easements; and for the
planned arrangement of streets and structures which will enable
the City to avoid overcrowding and congestion, and which will
insure provisions which are fundamental to preserving public
health, safety and welfare; and
Whereas, in accordance with Section 160A-364 of the General
Statutes of the State of North Carolina notice was properly given
and a public hearing was held on the questions of adoption of this
ordinance, and all objections hereto being properly considered;
Now therefore be it ordained that the following regulations shall
apply to the City of Southport, North Carolina, and its extra-
territorial area.
1

II. PURPOSE
(� The purpose of this ordinance is to regulate the subdivision of
L� land within the corporate limits of the City of Southport and its
extraterritorial planning area in order to preserve the public
(� health, safety and welfare. The regulations included herein are
designed to insure an adequately planned street system and to
avoid sharp curves, hazardous intersections; to avoid overcrowding
of the land and extreme concentration of the population; to secure
safety from fire, panic and other dangers; to provide for adequate
water and sewage systems, schools, parks and playgrounds; to
facilitate an orderly system for the design, layout 'and use of
land; to insure the proper legal description and monumenting of
subdivided land; and to provide for the resubdivision of large
land parcels.
III. TITLE
OThis ordinance shall be known and may be cited as the Subdivision
n Regulations of the City of Southport, North Carolina.
l�
IV. JURISDICTION
On or after March 8, 1990, these regulations shall qovern each and
every subdivision of land within the corporate limits of
Southport, North Carolina, as now or hereafter established, and
that area shown as the extraterritorial planning jurisdiction on
the official City of Southport Zoning Map.
V. AUTHORITY
Under provisions pursuant to Section 160A-371 through Section
160A-376 of the North Carolina General Statutes, the City of
f� Southport hereby exercises its authority to enact subdivision
U regulations.
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2

VI. DUTY OF THE BRUNSWICK COUNTY REGISTER OF DEEDS
The City of Southport shall file a copy of this ordinance with the
Brunswick County Register of Deeds. The Register of Deeds shall
not thereafter file or record a plat of subdivision located within
the territorial jurisdiction of the City of Southport without the
approval of the legislative body as required in this ordinance.
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 terri-
torial jurisdiction of the City of Southport as defined herein.
The filing or recording of a plat of a subdivision without the
approval of the municipal legislative body as required by this
ordinance shall be null and void. The Clerk of Superior Court of
Brunswick County shall not order'or direct the "recording of a plat
where such recording would be in conflict with this section. .
No building permit shall be issued or construction permitted
unless the final plat has been properly approved and recorded.

VII. DEFINITION OF TERMS
A. BUILDING SETBACK, LINE: A line parallel to the front property
line in front of which no structure shall be erected.
B. EASEMENT: A grant by the property owner for use, by the
public, a corporation, or person(s), of a strip of land for
specified purposes..
C. EXEMPTION: A deviation from the terms of the Subdivision
Ordinance which is approved by a simple majority of Planning
Board members in attendance at the meeting at which the
exemption is considered. Exemptions are allowed only when.,
specifically provided for or allowed by the City of Southport
Subdivision Ordinance.
D. LOT: A portion of a subdivision, or any other parcel of land,
intended as a unit for transfer of ownership or for develop-
ment or both. The word "lot" includes the words "plat,"
"parcel," and "plot."
E. LOT, DOUBLE FRONTAGE: A continuous (through) lot which is
accessible from both of the streets upon which it fronts.
F. OFFICIAL MAPS OR PLANS: The Southport Land Use Plan, Major
Thoroughfare Plan, or any other plans officially adopted by
the Board of Aldermen as a guide for the development of
Southport and its surrounding area.
G. PLANNING BOARD: The Planning and Zoning Board of Southport,
North Carolina, officially named "The Southport Planning
Board."
H. SHALL: The word "shall" is always mandatory and not merely
directory.
4

I. STREET:
1. Major Thoroughfare: A street designed to carry heavy
volumes of through traffic at fast speeds and which may
have access from -another street but not from abutting LJ
properties. (�
2. Minor Thoroughfare: A street which carries traffic from
minor streets to the system of major thoroughfares.
3. Minor Street: A street which is used primarily for access
to the abutting property.
4. Cul-de-sac: A short minor street designed to have one end
permanently closed; the closed end terminated by a
vehicular turnaround.
5. Local Service Street: A minor street which is immediately
adjacent to and which parallels a major street or highway,
and which provides access to abutting properties and
protection from high speed, through traffic.
J. SUBDIVIDER: Any person, firm, or corporation who subdivides
or develops any land deemed to be a subdivision as herein
defined. u
K. SUBDIVISION: A "subdivision" shall include all divisions of a U
tract or parcel of land into .two or more lots, building sites,
or other divisions for the purpose, whether immediate or 0
future, of sale or building development, and shall include all
divisions of land involving the dedication of a new street or a
a change in existing streets; provided, however, that the
following shall not be included within this definition nor be
subject to any regulations prescribed by this ordinance.
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5
a

1. The combination -or recombination -of portions of previously
subdivided and recorded lots where the total number of
lots is not increased and"the resultant lots are equal to
or exceed the -:.Standards of the city as shown by the
regulations prescribed by this ordinance.
2. The division of land into parcels greater than ten (10)
acres where no street right-of-way dedication is
n involved.
U
3. The public acquisition by purchase of strips of land for
the widening or opening of streets.
4. The division of a tract 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 shown by the sub-
division regulations contained in this ordinance.
5. The conveyance of land to heirs for the purpose of
dividing real estate among said heirs as described in
Williamson vs. Avant, 21 N.C. App. 211. A gift of land by
an owner to an immediate member of his or her family when
• not for the purpose of building development, that is
development of more than one lot or parcel for the
construction of dwelling houses or other buildings and
only for the purpose of the construction of a private
dwelling house by the grantee, family member, shall not be
a division of land for the purpose of sale or building
development'within the meaning of these regulations.

L. VARIANCE: A, departure or deviation from the design require-
ments of the Subdivision Ordinance necessitated by topographic
or other existing physical conditions which make compliance
with the requirements of -this ordinance an unusual and
unnecessary hardship on the subdivider. Such variances shall
be approved only with two-thirds (2/3) affirmative vote of all
Planning Board members.
7

C
VIII. GENERAL REQUIREMENTS AND DESIGN STANDARDS
GENERAL REQUIREMENTS_
1. Suitability of the Land:
The Planning Board shall not approve any subdivision of
land where it has been determined through a proper inves-
tigation that, by reason of flooding, poor drainage, poor
soil conditions, or geological faults, the platting and
development of the proposed property would create imminent
peril to life and property. Fill dirt may be used to
increase the level of areas subject to flooding if the
proposed process does not unduly increase the overall
flood level for the city or rearrange to any marked degree
the flow of existing rivers and tributaries.
_ 2. Planned Unit or Cluster Development:
Nothing within this ordinance'shall prohibit the construc-
tion of planned unit developments, cluster developments or
group housing." If the housing development does not
specifically meet the requirements and design standards
contained within this ordinance, the development may still
be approved, if in the opinion of the Planning Board the
intent of the requirements and design standards has not
been destroyed.
3. Compliance with Official Plans:
Whenever the subdivision of a tract of land embraces any
part of a thoroughfare or street shown on the Southport.
Land Use Plan or the Southport Major Thoroughfare Plan,
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8
a

such part of such proposed public way shall be in compli-
ance with the above named plans as well as the regulations
contained herein. Due consideration shall be given to
those areas shown in the Southport Land Use Plan as poten-
tial sites for schools, parks and other public facilities.
Whenever such a designated area is located within a
proposed subdivision, the Board of Aldermen may require
the reservation of the necessary land to accommodate such
public facilities as a condition prior to the connection
.of municipal utilities. The local public agency respon-
sible for the development of such schools, parks, or
public facilities shall acquire said site or sites within
a ninety (90) day period from submission of the prelimi-
nary plat. In the event that the local public agency has
not purchased or obtained a written option to purchase
said site or sites at the end of the ninety (90) day
period, the subdivider shall be released from his obliga-
tion and shall be free to develop said site or sites for
residential purposes.
4. Coordination of New and Existing Streets:
All street systems within a subdivision, both constructed
and unimproved rights -of -way, shall be coordinated with
the street systems in adjacent subdivisions and with the
City of Southport Thoroughfare Plan.
5. Continuation of Streets to Adjacent Properties:
where, in the opinion of the Planning Board, it is neces-
sary to provide for street access to an adjoining prop-
erty, proposed streets shall be extended by dedication to
the boundary of such property and a temporary turnaround
shall be provided.
9

6. Private Streets and Drainage:
A homeowners' association shall -be established for each
subdivision containing private streets and. drainage
systems. The final plat for each such subdivision shall
contain a certificate indicating the book and page number
of the homeowners' association covenants, conditions and
restrictions. The covenants, conditions and restrictions
shall specify lot owners' responsibilities for maintenance
of private streets and drainage systems, and shall provide
for assessments to finance all maintenance activities.
(Additional covenants shall provide that the homeowners'
association will construct all stub streets prior to
offering any connecting for acceptance by N.C.D.O.T.)
Final plats for subdivisions containing private streets
and drainage improvements will not be approved until the
subdivider's homeowners' association documents have been
submitted and approved by the Planning Board.
7. Restriction of Access:
When a proposed subdivision will front on a major thor-
oughfare, the Planning Board may require a local service
street to provide adequate frontage for lots bordering the
major thoroughfare.
8. Street Names:
Street names which duplicate or are phonetically similar
to existing street names shall be prohibited. A proposed
U street which is in alignment with an existing street shall
bear the name, of the existing street.
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9. Community Assets:
In any subdivision, due consideration and preservation
shall be given for natural features such as trees, ponds,
etc., and for historical sites which are of value not only
to the subdivision but to the community as a whole.
B. DESIGN STANDARDS
The following design criteria shall be considered minimal
requirements:
1. Streets:
The design of all streets within the City of Southport
Planning Jurisdiction shall be in accordance with the
Major Thoroughfare Plan and the North Carolina Department
of Transportation, Division of Highways, Subdivision Roads
Minimum Construction Standards, available at the Southport
City Manager's office or the District. Engineer's office.
Streets patterned on the grid system should be avoided
wherever possible.
a. Right -of -Way Widths: Street right-of-way widths shall
not be less than the following:
Inside and Outside
Corporate Limits
- Major
Thoroughfare
80
feet
- Minor
Thoroughfare
60
feet
- Minor
Street
60
feet
- Local
Service Street
60
feet
- Cul-de-sac
60
feet
- Cul-de-sac Turnaround
100
feet in
diameter
11

Db. Pavement Widths:
All streets constructed within the City of Southport
Planning" Jurisdiction shall be paved. Unless specif-
ically waived by the Planning Board for topographic
reasons, all major and minor,thoroughfares shall be
paved with curb and gutter. Minor, local service
streets, .and cul-de-sacs may be strip paved at the
discretion of the Planning Board. Paving widths shall
not be less than the following:.
Inside -and Outside
Li Corporate Limits
- Major Thoroughfares* 40 feet
Minor Thoroughfares 30 feet
- Minor Streets 24 feet
Local Service Streets 20 feet
- Cul-de-sac Turnarounds 50 feet
*Paving widths shall be measured from back of curb to
(� back of curb.
.c. Access to Adjacent Properties:
The arrangement of streets in proposed subdivisions
shall make provisions for the continuation of existing
streets in adjoining areas or their proper projection
where adjoining land is not subdivided and where they
_may be deemed necessary for public requirements. The
(� street arrangement shall be such as not to cause a
(� hardship to owners of adjoining property when devel-
oped and when they seek to provide for convenient,
access thereto. The use of residual strips of land in
order to prevent the extension of proposed or existing
streets or access thereto is prohibited._
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Where there are lots fronting street projections to
adjacent properties and services are required, a
cul-de-sac shall be constructed at the end of the
street at --the property line.
Where there are no lots fronting street projections to
adjacent properties and sight distance is adequate to
forewarn a driver of a dead-end street, and where no
services are required along the frontage, the frontage
being more or less one side lot length, the street may
be constructed to the property line and dead -ended
with no cul-de-sac.
The Southport Planning Board shall reserve the right
to require or not to require the partial or total
initial construction of street projections to adjacent
properties, or to require guarantee of construction of
all or a part of such street projections at a later
time by provision of surety in the form of cash,
letter of credit or other method acceptable to the
city.
In any and all cases, the developer shall be respon-
sible for the cost and placement of all dead-end
barricades and signs.
Additional rights -of -way needed for cul-de-sacs at the
end of street projections to adjacent properties shall
be in the form of temporary easements or rights -of -way
granted to the city by proper instrument as approved
by the city attorney. It is the intention that upon
extension of the street into the adjacent property the
requirement for a cul-de-sac will cease and 'that the
temporary right-of-way granted for the cul-de-sac con-
struction will revert to the adjacent property owner.
13

d. Alleys:
Alleys may be required to the rear of all lots used
for business -purposes and shall not be provided in
j� residential blocks. Alleys shall have a minimum paved
�j width of ten (10 ) feet.
e. Street Grades:
0
Unless necessitated by exceptional topography and
subject -to the approval of the Planning Board, street
grades shall be no more than eight (8) percent nor
less than one half of one (0.5) percent. Grades
approaching intersections shall not exceed five (5)
percent for a distance of not less than one hundred
(100) feet from the center line of said intersection.
f. Radii of Horizontal Curves:
when a continuous street center line deflects at any
point more than ten (10) degrees, a circular curve
shall be introduced, having a radius of curvature on
said center line of not less than the following:
- Major Thoroughfares 310 feet
Minor Thoroughfares 230 feet
- Minor Streets 150 feet
g• Tangents:
A tangent at least` 200 feet long shall be provided between
reverse curves on all streets. The Planning Board may
grant an exemption from this requirement to facilitate
proper subdivision design when topographic, size, or
physical conditions make compliance impractical.
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h. Street Intersections:
Streets shall be laid out so as to intersect as nearly
as possibl.e'at right angles and no street shall inter-
sect any other street at less than 75 degrees. Inter-
sections with angles from 60 to 75 degrees are accept-
able only under extreme conditions.
i. Street jogs with center line offsets of less
than 125 feet shall be avoided. The Planning
Board may grant an exemption from this length
requirement to facilitate proper subdivision
design when topographic, size, or physical
conditions make compliance impractical.
ii. Intersections with a major street or highway
shall be at least 800 feet apart. This require-
ment can be waived by the Planning Board if such
requirement would prevent a property owner
fronting on a major street or thoroughfare from
having access to such a facility.
iii. Property lines at street intersections shall be
rounded with a minimum radius of 20 feet or of a
greater radius when required by the Planning
Board.
iv. Minimum sight distance for stop conditions when
connecting new local residential roads or
residential collector roads to existing State
maintained roads is 70 feet along the existing
road right-of-way and 1 0. feet along the new road
right-of-way.
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i. Cul-de-sacs:
(� Permanent dead-end streets or cul-de-sacs shall be no
lJ longer than six hundred (600) feet in length and shall -
be provided at the closed end with a turnaround.
j. Street Designation as Public or Private:
All street rights -of -way shown on the preliminary and
L� final plats shall be designated as either public or
private. Any street designated on a plat as public
U shall be conclusively presumed to be an offer of dedi-
cation to the public of such street.
k. Public Streets:
All proposed streets which have been designated as
public streets in accordance with paragraph (j) above.
shall be designed and constructed in accordance with
the North Carolina Department of Transportation,
Division of Highways, Subdivision Roads Minimum
Construction Standards. Streets which are proposed
for inclusion on the State system shall, in addition,
�j require approval of the district highway engineer in
accordance with the provisions of Section 136-102.6 of
the North Carolina General'Statutes.
1. Private Streets:
tJ Streets designated as private in accordance with para-
graph (j) above may be allowed in subdivisions when,
f� in the opinion of the Southport Planning Board, they
provide adequate ingress and egress onto collector
streets, and they provide sufficient assurance through
legally established homeowners' or similar owners'
associations, deed restrictions and/or covenants, or
16
l.!

2.
other maintenance agreements, that said street shall
be properly maintained and said agreements perpetually
carried with the land. The Southport Planning Board
shall reserve the authority, when the public welfare
and safety warrants, to require the public dedication
of street rights -of -way within private developments.
All private streets shall be designed and constructed
to meet or exceed the public street standards as
specified by the North Carolina Department of Trans-
portation, Division of Highways, Subdivision Roads
Minimum Construction Standards.
Lot Standards:
The following standards shall apply to all lots within a
proposed subdivision:
a. Conformation to Zoning:
All lots shall conform to the dimensional requirements
and the setback and side yard requirements as set
forth in the Southport Zoning Ordinance.
b. Minimum Dimensions:
In no case shall any lot have a frontage of less than
seventy-five (75) feet, an average lot depth of less
than one hundred (100) feet, or a square footage of
less than ten thousand (10,000) square feet in area.
Lots located on the turning circle of a cul-de-sac may
have individual minimum frontages of forty ( 40 ) feet
per lot provided that in no case shall any lot have
less than ten thousand (10,000) square feet in area.
17

c. Lots Restricted to Public Streets and.Approved Private
Streets:
Every lot:.shall front or abut on a public street or
approved private street.
3. Blocks:
a. Minimal Depth:
Blocks shall have sufficient widths to provide for two
tiers of lots of appropriate depth except where other-
wise required to separate residential development from
through traffic.
4. Easements:
a. Utility Easement:
Utility easements for both underground and above
ground facilities shall be provided where needed.
Such easements shall have a minimum width of ten (10)
feet.
b. Drainage Easement:
Easements for storm drainage shall be provided along
streams and drainageways where it is deemed necessary
by the Planning Board.
18

c. Crosswalks:
When deemed essential for. providing safe pedestrian
access to: -schools, churches, shopping areas, etc., the
Planning Board may designate crosswalks wherever
needed in a proposed subdivision.
d. Streets:
All street rights -of -way shall be considered to serve
as utility easements.
19

I%. PLAT REQUIREMENTS AND PROCEDURES FOR REVIEW
No plat of a subdivision within the jurisdiction of the City of
Southport shall be accepted for recording by the Brunswick County
Register of Deeds until final approval has been given by .the
Southport Board of Aldermen. To obtain final plat approval, the
subdivider shall follow these steps:
A. SKETCH DESIGN PLAN
Previous to the filing of an application for approval of the
preliminary plat, the subdivider may (at their option) submit
to the Planning Board a sketch design of the proposed sub-
division. This plan shall be submitted at least ten days prior
to a regular meeting of the Planning Board. At this meeting,
the subdivider should discuss his thoughts and ideas pertaining
to the new subdivision and also become familiar with the regula-
tions affecting the land to be subdivided. Included with the
sketch design plan indicating the proposed subdivision layout
shall be a sketch vicinity plan, including a scale, which shows
the subdivision in -relation to the surrounding area. This
procedure does not require formal application or fee.
The sketch plan should contain or be accompanied by the
following information:
1.
The
proposed name and
location of the subdivision.
2.
The
name and address
of the owner and the subdivider.
3.
The
total acreage in
the tract to be subdivided.
4.
The
tentative street
and lot arrangement.
5.
The
approximate rights -of -way, rights -of -way designation
(public or private),
easements and lot lines.
6.
The
average lot area
and approximate number of1lots.
20

7. The existing and proposed uses of land throughout the
subdivision.
8. Surface and subsurface drainage of the subdivision.
9. The zoning classification of the tract.
10. Sites, if any, for parks, schools, churches, etc.
11. Acreage in parks and other land usage.
12. Sketch vicinity map showing relationship between
subdivision and surrounding area.
B. PRELIMINARY PLAT
The procedure for obtaining preliminary plat approval is as
follows:
1. The -subdivider shall submit five (5) paper copies of the
preliminary plat and any supplementary material to the
City Manager. The City Manager shall notify the Chairman
of the Planning Board and submit the preliminary plat to
him. At least ten (10) days shall be allowed for review
of the preliminary plat before the regularly scheduled
meeting of the Planning Board.
2. Copies of the preliminary plat shall be distributed by the
Secretary of the Planning Board as follows: One copy
shall be retained by the Secretary of the Planning Board
for their records. One copy shall be transmitted to the
District Engineer of the State Highway Commission for
review and recommendation concerning the intersection of
State Roads and local streets.
3. The Subdivision Review Committee (composed of 2 members
from the Planning Board and the City Manager) shall check
the preliminary plat against the design standards and plat
requirements before the scheduled Planning Board meeting.
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4. The Subdivision Review Committee shall make recommenda-
tions to the Planning Board concerning the subdivision
.plat.
5. The Planning Board shall approve, approve conditionally,
or disapprove the preliminary plat.
a. If approved conditionally, the conditions and reasons
thereof shall be stated and, if necessary, the Plan-
ning Board shall require the subdivider to submit a
revised plat.
b. If the Planning Board should disapprove the prelim-
inary plat, the reasons for such action shall be
.stated and recommendations made on the basis of which
the proposed subdivision could be approved.
c. Failure on the part of the Planning Board to act
within fifty (50) days after the preliminary plat is
submitted shall be deemed approval.
d. Approval of the preliminary plat by the Planning Board
is authorization for the subdivider to proceed with
the construction of the necessary improvements in
accordance with the requirements of this ordinance in
preparation for submission of the final plat.
6. The preliminary plat shall be at a scale of one hundred
(100) feet to one (1) inch or larger and will be drawn on
the following sheet size: -outside marginal size of not
more than 24 inches by 36 inches, nor less than eight and
one-half inches by 14 inches, and shall include one-half
inch border on each side. The preliminary plat will show
the following:
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a. The scale, north point and date.
b. The proposed name of the subdivision.
c. The name and address of the owner, the subdivider, and
the surveyor or engineer preparing the plat.
d. A location map showing the relationship between the
subdivision and the surrounding area.
e. The names and locations of adjoining subdivisions and
streets, the location and ownership of adjoining
unsubdivided property, and the location of county and/
or municipal limits if falling within or immediately
adjoining the tract.
f. The existing zoning classification of the tract to be
subdivided and adjoining land.
g. The boundaries of the tract to be subdivided with all
bearings and distances indicated.
h. The location of existing buildings, railroads, and
bridges.
i. The land contour with vertical intervals of not less
than one (1) foot. Land contours shall be in relation
to the 1929 National Geodetic Vertical Datum.
j. The location of all marshes, water, water courses,
ditches, drainage channels, and sub -surface drainage
structures, and the proposed method of disposing of
all run-off from the proposed subdivision, and the
location and size of all drainage easements and
structures relating thereto, whether they are located
within or outside of the proposed plat.
k. The plans for proposed utility layouts, including
sanitary sewers, storm sewers, water distribution
lines, natural gas, telephone and electric service,
illustrating connections to existing systems. Prior
to submission of the final plat, the owner must
furnish the city letters from appropriate county and
state authorities approving all water supply and
sewage disposal systems. Plans must show line sizes,
the location of fire hydrants, blow -offs, manholes,
pumps, force mains, and gate valves, and shall include
profiles based upon Mean Sea Level datum for sanitary
sewers and storm sewers.
23

1. The rights -of -way of streets, location of streets
within the rights -of -way, street widths, street names,
and street designation public or private, where
applicable. Design data shall include approximate
grades, design engineering data for all corners and
curves, and a 'typical roadway cross-section showing
proposed btreet construction within the proposed
right-of-way to include drainage design, where
applicable.
m. If any street is proposed to intersect with a State -
maintained road, the plat shall be accompanied by an
application of driveway approval as required by the
Department of Transportation, Division of Highway's
Manual on Driveway Regulations.
n. The lot lines and approximate.dimensions, lot and
(� block numbers, and minimum building setback lines
U along street rights -of -way.
o. Areas to be used for purposes other than residential,
if any, with the purpose, location, and dimensions of
each indicated.
p. The total acreage in the tract, acreage in public or
other land usage, average lot size, and total number
of lots.
q. All mapping shall comply with N.C.G.S. 47-30.
(� C. FINAL PLAT
1. The subdivider. shall submit the final plat to the City
Manager within twelve (12) months after the 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 Planninq Board.
a. All improvements must be installed prior to approval
of the final plat unless a surety bond is filed as set
forth in Article XI, Section A, of this ordinance.
24

b. The subdivider shall submit five (5) copies of the
final plat: two (2) reproducible linen or film
copies, one (1) for recording in the Brunswick County
Register of Deed's Office and one (1) for the City of
Southport; and three (3) paper copies.
c. Subdivision plat inspection and processing fees shall
be established annually by the City of Southport Board
of Aldermen.
2. The final plat shall be reviewed by the Planning Board.
Upon receipt of the final plat from the subdivider, the
City Manager shall notify the Chairman of the Planning
Board and shall submit the final plat to him. At least
ten (10) days shall be allowed for review of the final
plat before the regularly scheduled meeting.
a. The final plat is checked against the approved
preliminary plat.
b. The Planning Board may appoint an engineer to check
the final plat against the subdivision's actual layout
for correctness; charging the costs to the subdivider,
if the plat is found to be in substantial error.
3. The Planning Board shall approve or disapprove the final
plat according to the requirements of this ordinance.
a. Approval of the final plat by the Planning Board is
authorization for the plat to go to the Board of
Aldermen for final approval.
25

b. If the Planning Board should disapprove the final
plat, the reasons for such actions shall be stated and
recommendations made on the basis of which the
proposed' subdivision would be approved.
c. Failure on the part of the Planning Board to act
within 50 days after submission of the final plat
shall be deemed approval.
4. The final plat shall be reviewed by the Southport Board of
Aldermen.
O
a. The Planning Board makes recommendations to the Board
(� of Aldermen.
b. The Southport Board of Aldermen shall approve or
disapprove, according to the provisions of this
ordinance, the final plat within fifty (50) days
after receipt of the plat from the Planning Board.
c. The action of the Board of Aldermen shall be noted on
the copies -of the final plat. One (1) reproducible
copy and one (1) paper copy shall be returned to the
subdivider (the reproducible copy to be filed with the
Brunswick County Register of Deeds). One paper copy
shall be retained for the records of. the Board of
Aldermen. The second reproducible copy shall be
retained for the permanent files of the Planning
Board.
26

d. on obtaining final plat approval by the Board of
Aldermen, the subdivider shall file the plat with the
Brunswick County Register of Deeds. The approved
final plat must be recorded within ninety (90) days
after approval by the Board of Aldermen, or such
action by the Board of Aldermen shall become null and
void.
5. The final plat shall be at a scale suitable to the City of
Southport and drawn on the following sheet size: outside
marginal size of not more than 24 inches by 36 inches, nor
less than eight and one-half (8-1/2) inches by 14 inches,
and shall include one-half inch border on each side. The
final plat shall constitute only that portion of the
approved preliminary plat which the subdivider proposed to
record and develop at the time provided, however, that
such portion conforms to all requirements of this
ordinance. The final plat will show:
a. The exact boundary lines of the tract to be subdivided
fully dimensioned by bearings and distances, and the
location of boundary lines of adjoining lands, with
adjacent subdivisions identified by official names.
b. The accurate location and descriptions of all
monuments, markers, and control points.
i. Where control corners have been established in
compliance with G.S. 39-32.1, 39-32.2, 39-32.3
and 39-32.4, as amended, the location and perti-
nent information as required in the reference
statute shall be plotted on the plat. ''All other
27

I
corners which are marked by monument or natural
object shall be so identified on all plats, and
all corners of adjacent owners in the boundary
lines -of the subject tract which are marked by
monument or natural object must be shown with a
distance from one or more of the subject tract's
corners.
ii. where the plat is the result of a survey, one or
more corners shall, by a system of azimuths or
courses and distances, be accurately tied to and
coordinated with a monument of some United
States or State Agency survey system, such as
the National Geodetic Survey (formerly U.S.
Coast and Geodetic Survey) system, where such
monument is within 2,000 feet of said corner.
Where the North Carolina Grid System coordinates
of said monument are on file in the North
Carolina Department of Natural Resources and
Community Development, the coordinates of the
referenced corner shall be computed and shown in
X (easting) and Y (northing) ordinates on the
map. In the absence of Grid Control, other
appropriate natural monuments of landmarks shall
be used.
c. Sufficient engineering data to determine readily and
reproduce on the ground every straight or curved
boundary line, street line, lot line, right-of-way
line, easement line, and setback line, including
dimensions, bearings or deflection angles, radii,
28

chords, central angles, and tangent distances for the
center line of curved streets and curved property
lines, to an_appropriate accuracy and in conformance
with good.surveying practice.
i. The azimuth or courses and distances as surveyed
of every line shall be shown. Distances shall
be in feet or meters and decimals thereof. The
number of decimal places shall be appropriate to
the class of survey required.
ii. All plat lines shall be by horizontal (level)
measurements. All information shown on the plat
shall be correctly plotted to the scale shown.
Enlargement.of portions of a plat are acceptable
in the interest of clarity, where shown as
inserts on the same sheet. Where the North
Carolina grid system is used, the grid factor
shall be shown on the face of the plat and a
designation as to whether horizontal ground
distances or grid distances were used.
iii. Where a boundary is formed by a curved line, the
following data must be given: actual survey
data from the point of curvature to the point of
tangency shall be shown as standard curve data,
or as a traverse of bearings and distances
around the curve. If standard curve data is
used, the bearing and distance of the long chord
(from point of curvature to point of tangency)
must be shown on the face of the plat.
29

d. The width, names and designations (public or private)
of all proposed streets and the width, purpose and
designation of other rights -of -way or easements which
shall be properly located.
e. The location, purpose, dimensions of areas to be used
for purposes other than residential.
f. The blocks and lots be numbered consecutively
throughout the entire subdivision.
g. The name of the subdivision, the owner, and the
surveyor and/or engineer preparing the final plat.
h. The date of the survey and plat preparation.
i. An accurately positioned north arrow coordinated with
any bearings shown on the plat. Indication shall be
made as to whether the north index is true, magnetic,
North Carolina grid, or is referenced to old deed or
plat bearings. If the north index is magnetic or
references -to old deed or plat bearings, the date and
the source (if known) such index was originally deter-
mined shall be clearly indicated.
j. Any other information considered by either the subdi-
vider or the Planning Board to be pertinent to the
review of the final plat.
k. Location of the'100 year flood area and coastal hazard
V-zone as per Southport's Official Flood Insurance
Map.
i
30

1. The subdivider shall submit, when requested, to the
Planning Board, a draft of the protective covenants
whereby he proposes to regulate land use in the
subdivision -and otherwise protect the proposed
development.
m. Reservations for easements, and areas to be dedicated
to public use or sites for other than residential use
shall be shown on the plat with notes stating their
purposes. All covenants governing the maintenance of
open spaces shall bear the certification of approval
of the Municipal Attorney as to their legal
sufficiency.
n. The names of adjacent landowners along with lot, block
or parcel identifier and subdivision designations or
other legal reference where applicable, shall be shown
where they could be determined by•the surveyor.
o. All mapping shall comply with N.C.G.S. 47-30.
31

p. The following certificates shall be shown on the final
plat:
Certificate ;of registration by -Register of Deeds:
(� State of North Carolina
County of Brunswick
Filed for registration on the day of ,
19 at (a.m./p.m.) and du�Ty recorded in Map Boo
aCPPage
�d Register o De s
Certificate of accuracy snd mapping:
certify that this map was (drawn
by me) (drawn under my supervision) fran (an actual survey made by
me) (an actual survey made under my supervision) ; deed description
in Book , Page , Book , Page , etc. (other);
that the error of closure as calculated by latitudes and
departures is 1: ; that the boundaries not surveyed are shown
as broken lines.p otted frcn information found in Book , Page
; that this map was prepared in accordance with G.S. section
��-as amended.
Witness my hand and seal this day of , A.D., 19
Regi 0 stered Surveyor -
State of North Carolina
County of Brunswick
a Notary Public for said County
and State, o er y certi at
personally came before me this day M ac owledged the due
j� execution of the foregoing instrument.
Witness my hand and official seal, this day of
19_.
Official Seal
} Notary Public
t1 My Canmi.ssion Expires:
1
32

State of North Carolina
County of Brunswick
The foregoing certificate of , Notary
Public of. Brunswick County, is certified to be correct.
This the day of , 19 .
Drawn by
Register of Deeds
BY:
Certificate of ownership and dedication:
I (we) hereby certify that I an (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) own free consent, establish
minimum setback lines, and dedicate all streets, alleys, walks,
parks and other sites bo public or private use as noted. Further,
I (we) certify the land as shown hereon is within the platting
jurisdiction of the City of Southport, North Carolina.
Date Owner
Owner
Certificate of approval by the City of Southport Planning Board:
The City of Southport Planning Boar] hereby approves for
recordation the final plat for subdivision
provided that said final plat is recur wiin ninety (90)
days.
Chairman,, Sout port Planning
Board
Date
33

Acknowledgement of canpliance (private developments):
I, (name of developer and/or
seller), Hereby certify that t e streets, parks, open space or
other areas delineated hereon and dedicated to private use, and
all traffic markings and control devices shall not be the respon-.
sibility of the public or.the municipality, -acting on behalf of
the public, to maintain. Furthermore, prior to entering any
agreement or any conveyance with any prospective buyer, I shall
prepare and sign, and the buyer of the subject real estate shall
receive and sign, an acknowledgement of receipt of a disclosure
statement. The disclosure statement shall fully and completely
disclose the private areas and include an explanation of the
consequences and responsibility as to the maintenance of the
private areas, and shall fully and accurately disclose the party
or parties upon whom the responsibility for construction and -
maintenance of such private areas shall rest.
Date - -
ignature of Deve cper
and/or Seller
Certificate of Approval and Acceptance of Dedications
the City Clerk and
Treasurer ot Southport, North Carolina, do certify that the City
of Southport approved this plat or map and accepted the dedication
of the streets, easements, right-of-way, and public parks shown
thereon, but assume no responsibility to open or maintain the same
until, in the opinion of the governing body of the City of
Southport, it is in the public interest to do so.
I
19
ityCer
34

Certificate of disclosure - North Carolina Coastal
I (we) hereby certify that prior to entering any agreement or
any conveyance with a prospective buyer, I (we) shall prepare and
sign, and the buyer of the subject real estate shall receive and
sign a statement which fully and accurately discloses that the
buyer may have responsibility to obtain a development permit
(minor or major) and the agency to which an application must be
filed in order to obtain said permit prior to any undertaking or
activity subject to the requirements of the North Carolina Coastal
Area Management Act.
Date
Certificate of disclosure; City of
Signature o Omer s
owner:
t
I (we).hereby certify that prior to entering any agreement or
any conveyance with a prospective buyer, I (we) shall prepare and
sign, and the buyer of the subject real estate shall receive and
sign a statement which fully and accurately discloses that the
subject real estate, or a portion of the subject real estate, is
located within a flood hazard area and that the buyer must satisfy
the requirements of the City of Southport floodplain management
regulations prior to the issuance of building permits.
Date
35
ignature ot Mer(s)

X. SURVEY MARKERS
Prior to the approval -of the final plat, the following survey
reference markers shall be installed.
A. PERMANENT CONCRETE MONUMENTS:
Permanent concrete markers four (4) inches in diameter or
square, three (3) feet long, shall be placed at not less than
two (2) corners of the subdivision, provided that additional
monuments shall be placed where necessary so that no point
within the subdivision lies more than 500 feet from a
monument. Two or more of the required monuments shall be
designated as control corners. The top of each monument shall
have an indented cross, metal pin, or metal plate to identify
properly the location of the point. All monuments shall be
shown on the final plat.
B. MARKERS:
All lot corners, all points where street lines intersect the
exterior boundaries of the subdivision, all angle points and
points of curve in each street shall be marked with galvanized
iron pipe not less than three -fourths (3/4) inches in diam-
eter and 30 inches long, or solid iron rods of five -eighths
(5/8) inches diameter and 30 inches long, driven so as to be
within one (1) inch of finished grade.
C. ACCURACY:
The allowable angular error of closure and the linear error of
closure for surveys, within the city, and within one (1) mile
thereof, shall be as follows:
36

1. Angular error of closure within the city limits shall not
exceed twenty-five (25) seconds times the square root of
the number of angles turned.
2. Linear error of closure both within and outside of the
city limits shall not exceed one (1) foot per ten thousand
(10,000) feet of perimeter of the lot of land (1:10,000).
3. Angular error of closure beyond the city limits shall not
exceed thirty (30) seconds times the square root of the
number of angles turned.
37

%I. REQUIRED IMPROVEMENTS PRIOR TO FINAL PLAT APPROVAL
A prepared and recorded"subdivision plat means little to a
prospective lot buyer until he can see actual physical transfor-
mation of raw acreage into lots suitable for building purposes and
human habitation. Improvements by the subdivider spare the commu-
nity of a potential tax liability. The following improvements
shall be installed by the subdivider or a performance or surety
bond, or letter of credit, posted to insure the installation of
the improvements by the subdivider before.the final plat is
approved -in order to assure the physical reality of *a subdivision
which approval and recordation will establish legally.
A. STREETS
1. Grading
All street rights -of -way shall be graded to their full
width. The subdivider shall bear the cost of all grading
except on major thoroughfares where the subdivider shall
bear the costs -of grading to a width of 60 feet. Grading
and filling shall be undertaken to insure that:
a. The street is centered in the right-of-way.
b. Adequate shoulders and space for future sidewalks are
provided.
c. Allowance is made for side ditches or curbs and
gutters and storm sewers for street drainage.
d. Cut and fill slopes do not exceed a ratio of 1-1/2:1.
38

2. Paving
In all cases, the subdivider shall be responsible for the
cost and installation of the street foundation and paving
of all streets on the approved final plat in accordance
with the specifications of the North Carolina Department
of Transportation, Division of Highways, Subdivision Roads
Minimum Construction Standards.
3. Street Drainage
Within the corporate limits, the subd iv id er ' shal 1. be
responsible for the cost and installation of curbs and
gutters on all streets, where required by Section VIII,
B.1.b. Such curbs and gutters shall meet specifications
approved by the Board of Aldermen.
Outside the corporate limits, the Planning Board may
require installation of curbs and.gutters by the subdi-
vider prior to connection of sewer and water lines to the
municipal systems.
When curbs and gutters are not provided, ditches shall be
provided having at least 3:1 side slopes on the property
side, three (3) feet of horizontal distance for each one
(1) foot of vertical drop, and 2:1 back slopes on the
street side having at least two (2) feet of horizontal
distance for each one (1) foot of vertical drop.
39

B. SIDEWALKS:
Sidewalks are considered necessary on major thorouqhfares and
where considerable*: pedestrian traffic is expected. Sidewalks
shall be constructed on the street riqht-of-way and installed
as required by the Planning Board, to abut the property owners
line.
C. INSTALLATION OF UTILITIES AND STORM DRAINAGE:
After grading of street right-of-way is completed and approved
and before any base is applied, all underground utilities are
to be installed. All water mains, sewerage mains, gas mains,
etc., shall be installed in accordance with approved permits,
and the design approved by the city in the subdivision review
process and approved by the Building Inspector.
1. Water Supply -,System
All subdivisions shall be properly connected with a
minimum 8 inch feeder or trunk supply line to the
municipal water system or an alternate community system
approved by the County Health Officer and shall be
constructed in such a manner as to serve adequately for
both domestic use and for fire protection on all lots
shown on the subdivision plat. Lines internal to the
subdivision shall have a minimum size of 6 inches. The
subdivider shall provide all labor, pipe and necessary
materials. The size of water mains, the location and
types of valves and hydrants, and the amount of soil cover
over the pipes, and other features of the installation
shall be approved by the Building Inspector and shall be
installed in accordance with approved permits, and the
design approved by the city in the subdivision review
process.
W

2. Sanitary Sewers
All subdivisions shall have sanitary sewers installed with
a minimum 8-inch gravity lines by the subdivider in such a
manner as to serve' adequately all lots with connection to
the City of Southport public system or to a state approved
package sewage treatment plant. Connection to the City of
Southport sewer system will not be required unless the
City can provide the owner/developer a guarantee of
capacity available in the City's sewage treatment plant to
accept and treat the additional sewer discharge. Sewer
connection shall comply with the regulations of the State
Board of Health, and shall be constructed under the super-
vision and approval of the County Health Official and the
Building Inspector. Installment shall be in accordance
with approved permits, and the design approved by the City
in the subdivision review process.
3. Storm Drainage
An adequate drainage system, including necessary open
ditches, pipes, culverts, drop inlets, bridges, etc.,
shall be provided for the proper drainage of all surface
water.
The subdivider shall connect to the storm drainage system
where available; if not accessible, the subdivider shall
provide open drainage ditches necessary to carry the water
in accordance with approved permits and consistent with
the design approved by the City in the subdivision review
process. The subdivider shall be responsible for obtain-
ing all required state storm water management permits.
a. All surface drainage courses shall have at least 2:1
side slope (or side slopes) having at least one (1)
foot of horizontal distance for each one (1) foot of
vertical drop.
ti
41 Q

b. The minimum grade along the bottom of a surface
drainage course shall be a slope of four tenths
percent (0.4%) [or a vertical fall of approximately
one (1) foot in each two hundred and fifty (250) feet
of horizontal length].
c. Cross pipes under streets shall be concrete or corru-
gated metal. Pipes larger than thirty-six inches in
diameter shall be reinforced concrete.
d. Culverts shall be provided to accommodate all natural
water flow, and shall.be of sufficient length to
permit full width roadway and the required slopes.
The size openings shall be in.accordance with the
plans approved with the preliminary plat. Cross
drains shall be built on straight line and grade, and
shall be laid with the spiget end pointing in the
direction of the flow and with the ends filled and
matched to provide tight joints and a smooth uniform
invert. They shall be placed at a sufficient depth
below the roadbed to avoid dangerous pressure of
impact, and in no case shall the top of the pipe be
less than one (1) foot below the roadbed and
constructed of reinforced material.
e. The following storm water design standards shall
apply:
To ensure attainment of the objectives of this Ordi-
nance and to ensure that performance standards will be
met, the design, construction, and maintenance of
drainage systems shall be consistent with the follow-
ing standards:
42

i. Channeling runoff directly into waterbodies
shall be prohibited. Instead, runoff shall be
routed through swales and other systems
designed to increase time of concentration,
decrease velocity, increase infiltration,
allow suspended solids to settle, and remove
pollutants;
ii. Natural watercourses shall not be dredged,
cleared of vegetation, deepened, widened,
straightened, stabilized, or otherwise
altered. Water shall be retained or detained
before it enters any natural watercourse in
order to preserve the natural hydrodynamics of
.the watercourse and to prevent siltation or
other pollution;
iii. The area of land disturbed by development
shall -be as.small as practicable. Those areas
which are not to be disturbed shall be protec-
ted by an adequate barrier from construction
activity. Whenever possible, natural vegeta-
tion shall be retained and protected;
iv. No grading, cutting, or filling shall be com-
menced until erosion and sedimentation control
devices have been installed between the
disturbed area and waterbodies, watercoursest.
and wetlands;
v. Land which has been cleared for development
and upon which construction has not commenced
shall be protected from erosion by appropriate
techniques designed to revegetate the area;
43

vi. Sediment shall be retained on the site of the
development;
vii. Wetlands and natural waterbodies shall not be
used as sediment traps during development;
viii. Erosion and sedimentation facilities shall
receive regular maintenance to insure that
they continue to function properly;
ix. Artificial watercourses shall be designed
considering soil type, so that the velocity of
flow is low enough to prevent erosion;
X. Vegetated buffer strips shall be created or,
where practicable, retained in their natural
state along the banks of all watercourses,
waterbodies, or wetlands. The width of the
buffer shall be sufficient to prevent erosion,
trap the sediment in overland runoff, provide
access to the waterbody, and allow for peri-
odic flooding without damage to structures;
xi. Intermittent watercourses, such as swales,
should be vegetated;
xii. Although the use of wetlands for storing and
purifying water is encouraged, care must be
taken not to overload their capacity, thereby
harming the wetlands and transitional vegeta-
tion. Wetlands should not be damaged by the
construction of detention ponds;
44

xiii. Detention and retention areas shall be
designed so that shorelines are sinuous rather
than straight and so that the length of shore-
line is maximized, thus offering more space
for the growth.of littoral vegetation;
xiv. The banks of detention and retention areas
shall slope at a gentle grade into the water
as a safeguard against drowning, personal
injury, or other accidents, to encourage the
growth of vegetation and to allow the alter-
nate flooding and exposure of areas along the
.shore as water levels periodically rise and
fall.
xv. The use of drainage facilities and vegetated
buffer zones as open space, recreation, and
conservation areas shall be encouraged.
D. ELECTRICAL AND TELEPHONE SERVICE:
All electrical cable and telephone services shall be installed
underground.
E. STREET SIGNS:
Appropriate street name signs which meet standard municipal
specifications shall be placed at all street intersections.
F. EROSION AND SEDIMENT CONTROL:
All subdivisions shall be constructed and designed in compli-
ance with North Carolina General Statutes 113A-Article 4
(Sedimentation Pollution Control Act of 1973).
45

vi. Sediment shall be retained on the site of the
development;
vii. Wetlands and natural waterbodies shall not be
used as sediment traps during development;
viii. Erosion and sedimentation facilities shall
receive regular maintenance to insure that
they continue to function properly;
ix. Artificial watercourses shall be designed
considering soil type, so that the velocity of
flow is low enough to prevent erosion;
x. Vegetated buffer strips shall be created or,
where practicable, retained in their natural
state along the banks of all watercourses,
waterbodies, or wetlands. The width of the
buffer shall be sufficient to prevent erosion,
trap the sediment in overland runoff, provide
access to the waterbody, and allow for peri-
odic flooding without damage to structures;
xi. Intermittent watercourses, such as swales,
should be vegetated;
xii. Although the use of wetlands for storing and
purifying water is encouraged, care must be
taken not to overload their capacity, thereby
harming the wetlands and transitional vegeta-
tion. Wetlands should not be damaged by the
construction of detention ponds;
44

xiii. Detention and retention areas shall be
designed so that shorelines are sinuous rather
than straight and so that the length of shore-
line is maximized, thus offering more space
for the growth.of littoral vegetation;
xiv. The banks of detention and retention areas
shall slope at a gentle grade into the water
as a safeguard against drowning, personal
injury, or other accidents, to encourage the
growth of vegetation and to allow the alter-
nate flooding and exposure of areas along the
shore as water levels periodically rise and
fall.
xv. The use of drainage facilities and vegetated
buffer zones as open space, recreation, and
conservation areas shall be encouraged.
D. ELECTRICAL AND TELEPHONE SERVICE:
All electrical cable and telephone services shall be installed
underground.
E. STREET SIGNS:
Appropriate street name signs which meet standard municipal
specifications.shall be placed at all street intersections.
F. EROSION AND SEDIMENT CONTROL:
All subdivisions shall be constructed and designed in compli-
ance with North Carolina General Statutes 113A-Article 4
(Sedimentation Pollution Control Act of 1973).
45

XII. GUARANTEE OF IMPROVEMENTS AND
REIMBURSEMENT OF SUBDIVIDER FOR OVERSIZED IMPROVEMENTS
A. GUARANTEE OF IMPROVEMENTS:
1. Guaranteeing Installation_gf Improvements:
Final plats of a subdivision shall be approved by the
Planning Board after the subdivider has complied with one
(1) of the following requirements:
a. All required improvements have been installed in
accordance with the requirements of this ordinance.
b. A bond or certified check has been posted, which is
available to the City, and in an amount equal to 125%
of the cost of the required improvements. The amount
of the bond shall be submitted by the subdivider and
reviewed and determined for sufficiency by the City
Manager.
c. An irrevocable letter of credit issued by a bank in a
form approved by the City Attorney, or a deposit of
funds in escrow, may be accepted in lieu of bond under
the same terms and conditions applicable to bonds.
No surety or portion thereof, as provided for in this
section, shall be released by the City Manager until all
improvements have been installed, inspected and approved,
and until all required certification of such approval has
been presented to the City.
M

B.
2. Maintenance Guarantee:
a. The Southport Board of Aldermen shall require a bond
guaranteeing streets, curbs, gutters, sidewalks,
drainage facilities, and water and sewer lines against
defects for one year. (Such improvements must be
accepted or rejected within 60 days following the
installation of the improvements.) This bond shall be
in the amount determined by the City Manager and shall
be in cash or be made by a surety company authorized
to do business in North Carolina.
b. The City Manager shall secure frow all developers a
letter or statement in which said developer shall
agree to maintain the backfill and any improvements
located thereon and therein and any ditch which has
been dug in connection with the installation of such
improvements. Such letter or statement shall be
binding on the developer for a period of one year
after the acceptance of such improvements by the City
of Southport (improvements must be accepted or
rejected within 60 days following installation).
REIMBURSEMENT OF SUBDIVIDER BY CITY FOR IMPROVEMENT COSTS l
OVER AND ABOVE THOSE REQUIRED TO SERVE HIS SUBDIVISION
The City, under conditions specified below, shall reimburse
the subdivider for improvement costs incurred over and above
those required to serve his immediate subdivision where
required by the Board of Aldermen. Such reimbursement shall
be made in twelve (12) equal monthly payments, the first
payment being due within forty—five (45) days following the
date of final inspection and acceptance of the improvement by
the Board of Aldermen. Installations subject to reimbursement
are the following:
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d

1. Installations subject to reimbursement are the following:
a. Street paving cost within the corporate limits which
are above= -those requirements provided for in Article
VIII, Section B, Paragraph 1.b., of these
regulations.
b. The cost of materials for water mains over six (6)
inches in size including extra costs of lines over six
(6) inches incurred by -the subdivider to reach his
subdivision.
2. Procedure for Reimbursement.
a. After plans and specifications of the improvements
have been approved by the Board of Aldermen, the
subdivider shall advertise for formal sealed bids to
be opened publicly at the City Hall for any improve-
ments in which the city will be requested to partici-
pate. After approval by the Board of Aldermen, the
contract shall be awarded to the lowest responsible
bidder who -shall be required to furnish a performance
bond guaranteeing fulfillment of the contract.
b. Following completion of improvements and acceptance by
the Board of Aldermen, the subdivider shall furnish an
itemized list of costs to be reimbursed by the city.
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%III. ENFORCEMENT
A. NO SERVICE OR PERMITS UNTIL FINAL PLAT APPROVED:
No street shall be -accepted and maintained by the City nor
shall any street lighting, water or sewer be extended to or
connected with any subdivision of land nor shall any permit be
issued by an administrative agent or department of the City of
Southport for the construction of any building or other
improvement requiring a permit, upon any land concerning which
a plat is required to be approved, unless and until the
requirements set forth in this ordinance have been complied
with.
B. PENALTY:
Penalties for transferring lots in unapproved subdivisions, as
proposed in the General Statutes of North Carolina
(160-226.5), shall prevail.
"Any person who, being the owner or agent of the owner of
any land located within the platting jurisdiction granted
to the municipality by Section 160-226 thereafter trans-
fers; or sells such land by reference to a plat showing a
subdivision of such land before such plat has been
approved by said legislative body and recorded in the
office of the appropriate Register of Deeds, shall be
guilty of a misdemeanor, and the description of metes and
bounds in the instrument of transfer or other document
used in the process of selling or transferring shall not
exempt the transaction from such penalties. Said munici-
pality, through its Cityl:attorney or other official
designated by its local legislative body, may enjoin such
transfer or sale by action for injunction."
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XIV. ADMINISTRATION
0 A. VARIANCE
1. Variances -and Exceptions:
The Planning Board may approve subdivision plats which
vary from the requirements of design, but not of procedure
or improvement. Such a variance may be granted only where
topographic or other existing physical conditions are such
that compliance with the requirements of this ordinance
would cause an unusual and unnecessary hardship on the
subdivider above and beyond what other subdividers would
meet, and provided that such variations will not have the
effect of nullifying the interest and purpose of these
requirements. Such variances shall be approved only with
a majority affirmative vote of all Planning Board
members.
2. Procedurp-for V4rianges-and Exceptions:
a. The subdivider must submit a written request stating
the reasons for each modification. The Planning Board
may require such conditions as will, in its judgement,
preserve the spirit and intent of these regulations.
These conditions may include but shall not be limited
to: surety, performance, or maintenance bonds, affi—
davits, covenants, or other legal instruments, as will
assure conformity to and achievement of the plan.
b. Any modifications thus authorized are required to be
�1+ entered in writing in the minutes of the Planning
Board and the reasonings on which the departure was
justified set forth. The Board of Aldermen shall then
be notified in writing of the variance or exception
granted.
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B. AMENDMENTS:
This ordinance may be amended from time to time by the .Board
of Aldermen of the -City of Southport as herein specified, but
no amendment shall become effective unless it shall have been
proposed by or shall have been submitted to the Planning
Board for review and recommendations. The Planning Board
shall have sixty (60) days within which to submit its report.
If the Planning Board fails to submit a report within the
specified time, it shall be deemed to have approved the
amendment.
C. REPEAL OF CONFLICTING ORDINANCES:
All ordinances or parts of ordinances other than the Zoning
Ordinance of the City of Southport which are in conflict
herewith are hereby repealed. Should the requirements of this
ordinance conflict with those of the Zoning Ordinance, the
more stringent requirements shall govern.
D. SEPARABILITY:
Should any section or provision of these regulations be for
any reason held void or invalid by a court of law, it shall
not affect the validity of any other section or provision
hereon which is not itself void or invalid.
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