Subdivision Ordinance-1995

PROPERTY OF
DIVISION OF COASTAL MANAGEMENT
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Prepared For:
Prepared By:
CITY OF WASHINGTON
SUBDIVISION ORDINANCE
1995
WASHINGTON CITY COUNCIL
Floyd G. Brothers, Mayor
Joseph P. Tunstall, Mayor, Pro Tem
Ed Gibson
Judy Meier Jeanette
Dan Olsen
Harry E. Stokes
and
Edward Burchins, City Manager
Rita A. Thompson, City Clerk
WASHINGTON PLANNING BOARD
Robert Thomas, Chairman
Robert Barrow, Vice Chairman
Jane Alligood
Bet Archie
Dianne Catlett
William Collins
Doug Mercer
Richard Roy
W. R. Outland
Russell Smith
Technical Assistance By:
Bobby E. Roberson, Director of Planning & Development
Bob Boyette, Planning Administrator
Gail Daughtery, Secretary
Jean Bothner, Secretary
The preparation of this document 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.

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CHAPTER 17 SUBDIVISION
ARTICLE I - GENERAL PROVISIONS
Section
Section
Section
Section
Section
Section
Section
17-1
17-2
17-3
17-4
17-5
17-6
17-7
Section 17-8
Section 17-9
Section 17-10
Section 17-11
Section 17-12 - 17-25
Title
Purpose
Authority
Jurisdiction
Definitions
Compliance with official plans
Relation of subdivision ordinance
with other adopted land use
regulations
Recording of plats, generally
Planning Board to Act in lieu of
City Council
Subdivision Review Board to act in
lieu of Planning Board
Transition regulations for developing
property brought into extra-
territorial jurisdiction
Reserved
ARTICLE II - PROCEDURES FOR REVIEW AND
APPROVAL OF SUBDIVISION PLATS
Section
17-26
General Procedures
Section
17-27
Preliminary and final plats, required
certification
Section
17-28
Preliminary plats - Approval generally
Section
17-29
Preliminary plats - Submission
Section
17-30
Preliminary plats - Format; general
information; site information
Section
17-31
Preliminary plat - Review Procedures
Section
17-32
Preliminary plat - Departmental findings
Section
17-33
Preliminary plat - Disposition of copies
Section
17-34
Preliminary plat - Construction plan
required; authority; contents
Section
17-35
Preliminary plat - Construction plan to
coincide with preliminary plat; minor plat
alteration; major alterations;
resubmission of plat copies reflecting
alterations
Section
17-36
Final Plat - Generally
Section
17-37
Final Plat - Format; general information;
site information
Section
17-38
Final Plat - Review procedure
Section
17-39
Final Plat - Departmental findings
Section
17-40
Final Plat - Disposition of copies
Section
17-41
Final Plat - Recordation
Section
17-42
No responsibility, liability for
improvements prior to acceptance
Section
17-43
Resubdivision procedure
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ISection 17-44 - 17-59 Reserved
'
Section
Section
17-60
17-61
Section
17-62
Section
17-63
Section
17-64
Section
17-65
Section
17-66
'
Section
17-67
Section
17-68
Section
17-69
Section
17-70
'
Section
17-71
Section
17-72
Section 17-73
Section 17-74
Section 17-75
Section 17-76
Section 17-77
Section 17-78
Section 17-79
Section 17-80
Section 17-81
Section 17-82
Section 17-83
Section 17-84
Section 17-85
Section 17-86
ARTICLE III - DESIGN STANDARDS FOR
SUBDIVISION PLATS
Section 17-87 - 17-99
Relation to thoroughfare plan
Street design standards
Utility easement
Lot lines and utility easements
Projection of easements to adjacent
undeveloped property
Multipurpose easements
Minor drainage easements
Major utilities, substation sites, etc.
Preservation of significant water areas -
Intent
Preservation of significant water areas -
Maintenance; relationship to greenway plan
Preservation of significant water areas -
changes in location
Drainage
Protection from flooding and other adverse
water conditions
Sedimentation and erosion control
Floodprone or flood hazard areas
Block standards - general design
Pedestrian crosswalks
Lots - general design
Double frontage lots
Driveways - Conditions of access
Public sites and open spaces - Intent
Reservations for recreation areas -
Generally
Reservation for recreation areas - Minimum
areas
Reservation for recreation areas - Waiver
provisions
Reservation for recreation areas -
Authority of Planning Board to seek advice
Reservation for recreation areas - Owner
to give option to city; provisions of
option
Reservation for recreation areas -
Relation to bikeway plan
Reserved
ARTICLE IV - RESERVED
Section 17-100 - 17-114 Reserved
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ARTICLE V - REQUIRED IMPROVEMENTS
Section 17-115
Section 17-116
Section 17-117
Section 17-118
Section 17-119
Section 17-120
Section 17-121
Section 17-122
Section 17-123
Section 17-124
Section 17-125
Section 17-126
Section 17-127
Section 17-128
Section 17-129
Section 17-130
Section 17-131 - 17-140
Conformance with the Manual of Standard
Designs and Details.
Permanent monuments and markers
Streets and alleys - Grading and surfacing
Streets and alleys - Curbs and gutters
Street signs
Street lights (public)
Street trees
Ground cover
Sidewalks - Where to be installed
Drainage - Conformance with Manual of
Standard Designs and Details
All subdivisions to be adequately drained
Public water supply required
Public sanitary sewerage required;
exceptions
General erosion protection; conservation
of topsoil; preservation of desirable
vegetation
Fire protection facilities
Wire installation to be underground;
exceptions
Reserved
ARTICLE VI - COMPLETION OF IMPROVEMENTS;
MAINTENANCE GUARANTEES
Section 17-141
Satisfactory completion of improvements;
offers to dedicate; maintenance
guarantees; prior to approval of final
plats
Section 17-142
Performance guarantee
Section 17-143
Type of guarantee
Section 17-144
Plans and construction programs
Section 17-145
Amount and terms of performance guarantee;
time limitations
Section 17-146
Inspections; inspection reports
Section 17-147
Action on inspection reports - 'Reports
indicating satisfaction of requirements
Section 17-148
Action on inspection reports - Reports
indicating failure to satisfy
requirements
Section 17-149
Action on inspection reports - Reports
indicating unsatisfactory progress
Section 17-150
Actions following failure to complete work
under performance guarantee
' Section 17-151
Section 17-152
Acceptance of guarantee of other
governmental agency or utility
Building permits and certificates of
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occupancy prior to completion of
improvements
'
Section
17-153
- 17-160 Reserved
ARTICLE VII AMENDMENTS
'
Section
17-161
Planning Board review, recommendation
Section
17-162
Public notice and hearing
Section
17-163
Limitation on resubmittal
'
Section
17-164
- 17-170 Reserved
SECTION
VIII - VIOLATIONS, PENALTIES AND REMEDIES
'
Section
17-171
Penalties for violation
Section
17-172
Remedies
Section
17-173
- 17-180 Reserved
'
IX - VARIANCES
ARTICLE
Section
17-181
Authorized; procedure
'
Section
17-182
- 17-190 Reserved
ARTICLE X - FEES
'
Section
17-191
Fee schedule
Section
17-192
- 17-199 Reserved
'
ARTICLE
XI - LEGAL STATUS AND EFFECTIVE DATE
Section
17-200
Separability
'
Section
17-201
Repeal
Section
17-202
Effective date
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ARTICLE I. GENERAL PROVISIONS.
Sec. 17-1. Title.
This chapter shall be known, and may be cited, as the
"Subdivision Ordinance for the City of Washington, North
Carolina," and may be referred to as the Subdivision Ordinance.
Sec. 17-2. Purpose.
a) The purpose of this chapter is to establish procedures and
standards for the development and division of land within the
corporate limits and extraterritorial jurisdiction of the City of
Washington in order to promote the public health, safety, and
general welfare of the community. To continue this interest,
regulation of land by the City has the following purposes, among
others:
1) To encourage economically sound and stable development
in the City, and its surrounding environs;
2) To assure the timely provision of required streets,
utilities and other facilities and services to new land
development;
3) To assure adequate provision of safe, convenient,
vehicular and pedestrian traffic access and circulation
in and through new land developments;
.4) To ensure provisions of needed public open spaces and
building sites in new land developments through the
dedication or reservation of land for recreational,
educational and other public purposes or the provision
of funds in lieu of dedication;
5) To ensure, in general, the wise and timely development
of new areas in harmony with comprehensive plans as
prepared and adopted by the City;
6) To ensure accurate public records of land ownership and
title transfer, the effective conduct of public and
private business and the protection of private property
rights;
7) To provide for and protect the option of the consumer
to use alternative energy sources by such means as
protecting solar access to promote site planning and
design which demonstrates a concern for increased
energy conservation in buildings and increased use of
alternative energy systems;
8) To prevent the overcrowding of land and avoid undue
concentration of population;
9) To ensure proper monument placement into subdivided
land;
10) To provide adequate light and air;
11) To facilitate adequate provision for transportation,
water, sewer, schools, parks, playgrounds, and other
public requirements including electrical distribution,
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' cable television and telephone installations.
b) These regulations are intended to provide for the harmonious
' development of the City and its environs, and in particular;
1) For coordinating streets within new subdivisions with
other existing planned streets or official adopted
thoroughfare plan streets;
2) For appropriate shapes and sizes of blocks and lots;
' 3) For providing land for streets, school sites, and
recreational areas and providing easements for
utilities, other public facilities and services; and
4) For distribution of population and traffic which will
' tend to create conditions favorable to health, safety,
convenience, prosperity or general welfare.
5) Coordination of land use development for compliance
with other federal and state agencies such as the N.C.
Department of Environment, Health, and Natural
Resources Division of Coastal Management, U.S. Army
' Corps of Engineers, Federal Emergency Management
Agency, N.C. Department of Transportation, and the
Federal Aviation Administration.
' Sec. 17-3. Authority of chapter.
This chapter is enacted by the City Council of the City of
' Washington pursuant to the authority granted by G.S. 160A, Art.
19, Pt.2 (G.S. 160A-371 et seq.) (Code 1972 21-2).
' Sec. 17-4. Jurisdiction.
The regulations contained herein, as provided in North Carolina
General Statutes 160A-360, shall govern each and every
' subdivision within the jurisdiction of the City of Washington, as
defined in Section 27-4 of the Washington City Code.
Furthermore, the extraterritorial planning jurisdiction is
' specified in an adopted ordinance and has been drawn on a map and
set forth in a written description, as amended.
1 Sec. 17-5. Definitions.
a) Usage.
' (1) The numbers, abbreviations, terms and
words used in these regulations shall be
used, interpreted, and defined as this
' article provides; words or terms not defined
shall have their customary dictionary
definition. Words or terms defined in other
articles shall have the definitions provided
' in that article.
C.

' (2) Unless the context clearly indicates to the
contrary, words used in the present tense include
' the future tense; words used in the plural number
include the singular; words used in the singular
include the plural; the word "herein" means "in
these regulations;" the word "regulations" means
' "these regulations," words of any gender shall be
applicable to all genders.
' (3) A "person" includes a corporation, a partnership,
and an incorporated or unincorporated association
of persons such as a club; "shall" is always
' mandatory; "may" is permissive; a "building"
includes a "structure;" a "building" or
"structure" includes any part thereof.
' b) Words and terms defined.
The following words, terms and phrases, when used in this
' chapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a
different meaning.
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Alley: A strip of land, owned publicly or privately, set aside
primarily for utility service at the backside of properties,
otherwise abutting a street.
Building Setback line: The line on the front, rear, and sides of
a lot which delineates the area within which a structure may be
built and maintained.
City Planner: The individual designated by the City Manager
responsible for the development and implementation of the
Subdivision Ordinance. This individual is the person the
property owner or their agents submit subdivision plans for
approval. This person is responsible for the coordination of the
subdivision review process. The City Planner may designate a
person in the department, with prior approval from the City
Manager, for assistance in carrying out the duties and
responsibilities of the subdivision process.
Common Open Space: Common Open Space is land designated by plat
for the use, benefit and enjoyment of all residents, and the
developer or homeowners shall not place age, race, sex or
unreasonable economic restrictions upon the use of said open
space.
Construction Plans: Construction plans are engineering details
and specifications for the provision of necessary and/or required
facilities and improvements. Such facilities and improvements
may include, but not be limited to, public and private streets,
water, sanitary sewer and storm drainage systems.
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Corner Lot: A lot abutting upon two (2) or more streets at their
intersection.
Cul-de-Sac: A street with one (1) end open to traffic, and the
other end of which is permanently terminated by a vehicular turn-
around.
Double Frontage Lots: A continuous (through) lot of the same
depth as the width of a block and which is accessible from both
of the streets upon which it fronts.
Drainage: The removal of surface water or groundwater from land
by drains, grading or other means.
Drainage System: The system through which water flows from the
land, including all watercourses, waterbodies, and wetlands.
Driveway: A paved or unpaved area used for ingress or egress of
vehicles and allowing access from a street to a building or other
structure or facility.
Easement: A grant by the property owner for use by the public, a
corporation or person of a strip of land for specific reasons.
Extraterritorial Jurisdiction: The area beyond the corporate
limits within which the planning, zoning, and building
regulations of the City of Washington apply in accordance with
state law. Such area is delineated on the Official Zoning Map of
the City of Washington.
Final Plat: The final map of all, or a portion, of a subdivision
which is presented for final approval.
Group Development: A development containing three (3) or more
building sites where the total amount of the development area
equals the zoning requirements, but where individual building
sites within the development may be less than the standard zoning
minimum lot size.
' Home Owners Association: A community association, other than a
condominium association, which is organized in a development in
which individual owners share common interests in open space or
facilities. The association usually holds title to certain
' common property, manages and maintains the common property, and
enforces certain covenants and restrictions.
' Island: A raised area, usually curbed, placed to guide traffic
and separate lanes, or used for landscaping, signing, or
lighting.
' Lot: A parcel of land under single ownership occupied or capable
of being occupied by a principal building together with its
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' accessory buildings, including the open space required under the
terms of this ordinance.
' Lot of Record: A lot which is a part of a subdivision, a plat of
which has been recorded in the office of the Register of Deeds of
Beaufort County, prior to the adoption of this ordinance, or a
' lot described by metes and bounds, the description of which has
been so recorded prior to the adoption of this ordinance.
' Main: Any system of continuous piping, the principal artery of
the system to which branches may be connected.
' Major Thoroughfare: Any street, road or highway so designated in
the official thoroughfare plan of the City.
Manual of Standard Designs and Details: A supplement to the
' Subdivision Ordinance. Such supplement contains engineering
designs and details relative to plat layout; storm drainage
design; sedimentation control; basins; pipes; manholes, ending
' walls and retaining walls; street standards; pavement design;
ground cover; driveways; parking; storm water detention and other
uniform design standards.
' Minor Subdivision Plat: A minor subdivision plat is classified
in the following manner:
'
1. Involving lots fronting on an
existing and/or approved
street(s). In interpretation
of this section, the term "lot
fronting" shall be construed
to include condominium and
'
townhouse developments which
share common area;
2. Not involving the dedication
or extension of any public
'
street;
3. Not involving the extension of
public sanitary sewer, storm
sewer, or water lines;
4. Not involving the creation of
residual parcels or lots;
The Subdivision Review Board has the
authority to approve minor
'
subdivision plats and final plats
containing five (5) or less
lots.
'
Minor Thoroughfare: Any street, road
or highway so designated in
the official thoroughfare plan of
the City.
Official Maps or Plans: Any maps,
or plans, officially adopted by
'
the City Council as a guide for the
development of the City and
surrounding area.
'
Official Maps or Plans: Any maps
or plans officially adopted by
the City of Washington as a guide
for the development of the City
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consisting of maps, charts, and/or other approved documents.
' Planned Unit Development: A contiguous area to be planned and
developed as a single entity containing one or more residential
clusters or planned unit residential developments and one or more
public, quasi -public, commercial or industrial areas in such
' ranges of ratios of nonresidential uses to residential uses as
shall be specified.
' Planning Board: That body created by City Council in Chapter 2
Article IX of the Washington City Code, pursuant to N.C.G.S.
160A-361 and 160A-367, to act as a planning agency for the City
Council on planning and zoning matters within the City of
' Washington's extraterritorial planning and zoning jurisdiction.
Plat: A map or plan of a parcel of land which is to be, or has
' been, subdivided or any existing parcel of land.
Preliminary Plat: A map indicating the proposed design of a
' development and related information that is submitted for
preliminary approval.
Public Water System: A system for the provision to the public of
' piped water for human consumption if such system has at least 15
service connections or regularly serves at least 25 year round
residents.
1 Public or Community Sewage System: A single system of sewage
collection, treatment, and disposal owned and operated by a
sanitary district, a metropolitan sewage district, a water and
sewer authority, a county or municipality, or a public utility.
Restricted Covenant: A restriction on the use of land usually
' set forth in the deed. The restrictive covenant usually runs
with the land and is binding upon subsequent owners of the
property, and not regulated by the City.
' Septic System: An underground system with a septic tank used for
the decomposition of domestic wastes.
' Septic Tank: A watertight receptacle that receives the discharge
of sewage.
' Setback Line: The distance between the street right-of-way line
and the front line of a building or any projection thereof,
excluding uncovered steps.
' Sewer: Any pipe conduit used to collect and carry away sewage or
storm water runoff from the generating source to treatment plants
' or receiving streams.
Single Tier Lot: A lot which backs upon a limited access
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highway, a railroad, a physical barrier, or a nonresidential use
and to which vehicular access from the rear is usually
prohibited.
Sketch Plan: A preliminary design of a development project that
contains rough approximations about what a developer intends to
do with a property. This plan should include estimates about the
square footage of a development, where utility easements are to
be placed, street placement, and show the general plans of the
project. The plan is to be submitted to the Subdivision Review
Board for review, and assistance, in dealing with problems that
could possibly arise. The sketch plan review process is designed
to make the preliminary plat design easier, and make it less time
consuming to be passed.
Street: Streets are those areas delineated by dedicated rights -
of -way or common property easements designed and constructed as
required by this chapter for the purpose of carrying vehicular
traffic to and from abutting property.
Street Approved: Approved streets are public or private streets
that have been platted pursuant to this ordinance and of which
construction has been completed and accepted or guaranteed.
Street, Private: Streets that have been designated by easement
and as such constitute public vehicular areas as provided and
regulated by applicable law. Such streets shall be constructed
in accordance with the standards of this chapter and shall be
maintained by the property owner or pursuant to recorded
agreements.
Street, Public: Streets that have been accepted for permanent
maintenance by either the State of North Carolina or the City of
Washington.
Subdivider: Any person who subdivides, or develops, any land
deemed to be a subdivision as herein defined.
Subdivision: All divisions of a tract, or parcel, of land, into
two (2) or more lots, building sites, or other divisions for the
purpose, whether immediate or future, of sale or building
development. The word "subdivision" shall include all divisions
of land involving the dedication of a new street, or a change in
existing streets, provided, however, that the following shall not
be included within this definition, nor be subject to the
regulations prescribed by this chapter:
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
required by this chapter.
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2) The public acquisition by the purchase of strips of
land for the widening or opening of streets.
3) The division of a tract of land in single ownership
whose entire area is no greater than two (2) acres into
no more than three (3) lots where in the opinion
of the Planning Board, no street right-of-way
dedication is required and where the resultant lots are
equal to or exceed the standards of the City as
required by this chapter.
' 4) The division of land into parcels greater than ten (10)
acres where in the judgement of the Planning Board no
street right-of-way dedication is involved.
' (Code 1972, 21-1) State law reference - Subdivision defined,
G.S. 160A-376.
' Subdivision Review Board: The Board that has been designated to
review all sketch plans, make recommendations to developers
concerning how to develop their property, educate developers
about development regulations, and report their findings and
suggestions to the owner or their agent. The Board will consist
of the department heads, or their designees, from the Department
of Planning and Development, Electric Department, Public Works
' Department, Police Department, Fire/Rescue Department and
Department of Parks and Recreation. The Subdivision Review Board
can take the following action:
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The Subdivision Review Board has the authority to approve
minor subdivision plats and final plats containing five (5)
or less lots.
Thoroughfares: Thoroughfares are public streets designed and
intended to carry volumes of traffic. Such streets are
designated as either major or minor thoroughfares as shown on the
City of Washington thoroughfare plan, as amended.
Sec. 17-6. Compliance with official plans.
a) When a tract that is to be subdivided includes any part of a
thoroughfare, parkway, or boulevard designated on an 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.
b) A tract to be subdivided shall
the development is consistent with
Act. Thus, prior to the submission
certification shall be provided by
the subdivision is either within or
Coastal Area Management Act of 1974
of Environmental Concern. The Area
(A. E. C. ) , will be noted on the fina
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be reviewed to determine if
the Coastal Area Management
of the final plat,
the local permit officer that
without a North Carolina
(G. S. 113A-100 et seq.) Area
of Environmental Concern
1 map. The certification will

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appear under the "Notes" on the final plat as follows:
(1) This subdivision conforms to the standards of the North
Carolina Coastal Area Management Act of 1974 and is not
located within any area of environmental concern, or
(2) This subdivision conforms to the standards of the North
Carolina Coastal Area Management Act of 1974 and a
portion(s) or all of the subdivision located within any
area of environmental concern is duly noted at the
appropriate location on final plat.
(Code 1972, 21-5) State law reference - Coastal area management
planning process, G.S. 113A-106 et seq.
Sec. 17-7. Relation of subdivision ordinance with other adopted
land use regulations.
a) Regulations established herein are part of a coordinated
system of land use rules governing land development and their
uses. The subdivision regulations are coordinated with other
land use regulations for compliance. Additional land use
controls include, but are not limited to the following: Beaufort
County Health Department, Coastal Area Management Act, Federal
Emergency Management Act, U.S. Army Corps of Engineers, Soil
Erosion and Sedimentation Control, Storm Water Management, and
North Carolina Department of Transportation.
b) Because of the number of land use regulations in effect,
conflicts may arise in the administration of these regulations.
Therefore, the more stringent limitation shall govern, except
where specific exceptions are set forth in such regulations.
Sec. 17-8. Recording of plats, generally.
a) A copy of the approved subdivision ordinance shall be filed
' with the Beaufort County Register of Deeds. After the date of
recordation, the register of deeds shall not file or record a
subdivision plat located in the City of Washington or its
extraterritorial planning and zoning jurisdiction without
approval by the City. The landowner or an approved agent shall
sign a statement on the plat acknowledging that the land being
subdivided is located within the City of Washington's
' jurisdiction. Thus, a subdivision map recorded without approval
by the City is in violation of this ordinance and shall be null
and void.
' Sec. 17-9. Planning Board to Act in lieu of City Council.
The Planning Board shall act in lieu of City Council, as provided
' in N.C.G.S. 160A-373 (3), concerning the approval of all final
subdivision maps when the preliminary subdivision plat has been
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approved by the Planning Board and City Council.
Sec. 17-10. Subdivision Review Board to act in lieu of the
Planning Board.
The Subdivision Review Board shall act in lieu of the Planning
Board concerning the approval of all minor subdivision plats.
When a preliminary plat has been approved, the Subdivision Review
Board shall approve a final subdivision plat submission
containing five (5) or less lots.
Sec. 17-11. Transition regulations for developing property
brought into extraterritorial jurisdiction.
a) Final Subdivision plats. An approved and recorded final
subdivision plat shall constitute "evidence of compliance" under
the terms of G.S. 160A-360(i) for the purpose of subdividing
property and constructing improvements required to obtain final
plat approval under county standards, and shall confer the right
to complete the subdivision under the county regulations
governing the approved final plat. Provided, all future
construction and/or use of lots in the subdivision shall be in
compliance with the zoning regulations of the City of Washington.
b) Preliminary subdivision plats. A preliminary subdivision
plat shall not constitute "evidence of compliance" under the
terms of G.S. 160A-360(i) for the purpose of obtaining approval
for a final plat. However, an opportunity to complete a
subdivision as proposed on a preliminary plat will be available
if the following conditions are met:
(1) A final subdivision plat meeting the rules for
submission has been submitted to the county for final
consideration on or before the date the property
becomes subject to the regulations of the City of
Washington.
(2) In the absence of pending final plat in accordance with
subsection (b)(1) above, the owner/developer must
present to the City adequate evidence of substantial
investment in reliance on the preliminary plat, or
those portions of a preliminary plat which have not
been approved as phases under final plats. The City
Planner shall determine whether substantial investment
has been made, taking into consideration the percentage
of the preliminary plat which has been constructed
under approved final plats or is subject to a pending
or approved final plat, the extent to which a unified
design for the entire subdivision is evident in the
preliminary plat and any pending or approved final
plats for phases of the preliminary, the installation
of subdivision improvements (including water, sewer or
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waste disposal, drainage, lighting, common areas,
streets or roads), or the construction or work toward
construction of any improvements or amenities in the
area subject to the preliminary plat. If the City
Planner determines that there is a substantial
investment in the preliminary plat, or that portion of
the preliminary plat which is not covered by pending or
approved final plats, the City Planner shall issue a
written notice to the owner/developer confirming an
opportunity to complete the subdivision as proposed on
the preliminary plat. The opportunity to complete the
subdivision or portions thereof in accordance with the
preliminary plat shall be afforded notwithstanding
noncompliance with the requirements of the approved
subdivision regulations. An appeal from the decision
of the City Planner may be taken to the Planning Board.
(3) A preliminary plat approved for completion under
subsection (b)(2) shall be valid for the period set
forth by the approving jurisdiction or five (5) years,
whichever is less.
(4) Any change to a preliminary plat approved for
completion under subsection (b)(2) above shall be in
compliance with the requirement of the approved
subdivision regulations. Minor deviations may be
approved by the City Planner where the approval of the
deviation is in keeping with the general policy of this
subsection (b).
(5) Nothing in this section shall be construed to exempt or
exclude applicable Zoning ordinance restrictions or
requirements currently in effect, including but not
limited to lot width, lot area, or street frontage.
(6) In the interpretation of the conditions stated above,
the City Planner shall be guided by the general policy
underlying these transition regulations for developing
property brought into the extraterritorial
jurisdiction. The general policy is to allow the
completion under county regulations of those
subdivisions which have been started under county
regulations. The greater the investment in construction
under previous regulations, and the greater the
percentage of units constructed in accordance with the
original design of the subdivision, the stronger the
policy justification for allowing completion under the
original design and preliminary plat.
Sec. 17-12 - 17-25. Reserved.
15

ARTICLE II. PROCEDURES FOR APPROVAL.
' Sec. 17-26. General Procedures.
a) No plat of a subdivision within the jurisdiction of the City
' of Washington shall be submitted for recordation to the Beaufort
County Register of Deeds until final approval has been given by
the City. The subdivider shall follow the requirements in this
' article to obtain final plat approval. (Code 1972 21-11)
b) 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 any administrative agent or department of the City 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
chapter have been complied with and the same approved by the City
' Council of the City of Washington.
c) Pursuant to G.S. 160A-373, no final subdivision plat within
the jurisdiction of the City of Washington shall be recorded by
' the Register of Deeds of Beaufort County until it has been
approved by the Planning Board and the.Subdivision Review Board
as provided herein. To secure final plat approval, the
' subdivider shall follow the procedures and requirements
established in this article, the Manual of Standard Designs and
Details which are incorporated herein by reference. Copies of
' the Manual of Standard Designs and Details may be purchased from
the Department of Planning and Development.
d) Preliminary subdivision plats shall be approved by the
' Planning Board and City Council. Final subdivision plats shall
be approved by the Planning Board. Minor and final subdivisions
plats containing five (5) or less lots shall be approved by the
' Subdivision Review Board, However, the final subdivision plat
should conform substantially to the approved preliminary plat or
section thereof. If the final plat differs substantially from
' the approved preliminary plat, the subdivider will be required to
resubmit the preliminary plat to the Planning Board and City
Council for approval.
' e) The Planning Board and Subdivision Review Board shall meet in
accordance with their adopted rules of procedure and the North
Carolina Open Meetings Law.
' Sec. 17-27. Preliminary and Final Plats; Required Certification.
' Preliminary and final plats shall be required for all
subdivisions. Every plat shall be prepared by a registered land
surveyor or professional engineer duly authorized and licensed
' 16

G
' under the laws of this state to prepare such plats.
' Sec. 17-28. Preliminary Plats - Approval Generally.
Preliminary plats shall be approved by the Planning Board and
City Council. Approval shall be recorded in writing by the city
' planner before final plats are submitted. Such approval shall
confer upon the subdivider the right for a five-year period from
the date of approval that the terms and conditions which the
' preliminary approval was granted will not be changed for such a
plat. Such five-year period shall start from the Planning Board
meeting date at which approval was granted. If the property as
' indicated on the preliminary plat is not platted as provided
herein in its entirety within the five-year period, the
preliminary plat or portion thereof not platted shall be subject
to revision and compliance with the restrictions and requirements
' currently in effect. The five-year provision shall not be
constructed to exempt or exclude applicable zoning ordinance
restrictions and requirements currently in effect.
' Sec. 17-29. Preliminary Plats - Submission.
All preliminary plats shall be submitted to the City Planner, as
' agent for the City of Washington's Planning Board, no later than
5:00 p.m. on the 15th day of the month prior to the regularly
scheduled meeting date of the Planning Board. It is the intent
' of the City of Washington's staff and other agencies to review
all properly submitted plats in a timely manner, which will
afford the subdivider a reasonable period of time within which to
respond to all comments and/or requested revisions. All plats
submitted in accordance with the minimum requirements contained
herein shall be available for revision not less than ten (10)
working days prior to the scheduled meeting date. Plats revised
pursuant to the initial review and as required shall be submitted
to the City Planner, not less than six (6) working days prior to
the scheduled meeting date.
Sec. 17-30. Preliminary Plats, format; General Information; Site
Information.
' All applicants for preliminary plat approval shall be submitted
in accordance with and contain the following information:
' (a) Required format.
(1) Scale of one (1) inch equal to two hundred (200)
' feet or larger.
(2) Drawn in ink or pencil or mylar film.
(3) Mylar film size shall be a minimum of eighteen
(18) inches by twenty-four (24) inches and a
' 17

'
maximum of thirty (30) inches by forty-two (42)
inches.
'
(4)
Boundary lines shall be distinctly and accurately
represented, all bearings and distances shown,
'
with an accuracy of closure of not less than one
(1) in two thousand five hundred (2,500) and in
accordance with the Standards of Practice for Land
Surveying in North Carolina.
'
be to
(5)
Elevation and benchmarks shall referenced
National Geodetic Vertical Datum (NGVD).
'
(6)
Prepared by a registered land surveyor or
professional engineer.
'
(7)
Multiple sheets shall be collated and stapled.
Match lines shall be clearly indicated.
'
(8)
Number of copies required
a. Fifteen (15) blueline paper copies at the
time of original submission for departmental
'
review;
b. Two (2) blueline paper copies shall be
submitted for each review department
'
requesting revisions. The total number is to
be specified by the City Planner;
C. Fifteen (15) blueline paper copies shall be
submitted to the Planning Board following the
initial review;
d. Three (3) mylar film copies for disposition
in accordance with Section 17-33 of this
'
Chapter upon request of the City Planner.
(9)
List of all adjoining property owners within one
'
hundred (100) feet, their current mailing
addresses. Such list shall be obtained from the
most current Beaufort County tax records and shall
display the signature of the person preparing such
'
list.
(10)
Shall conform to the applicable provisions of the
Manual of Standard Designs and Details.
The following certificates shall be required:
'
a. Standard title block for preliminary plats;
b. Standard approvals information block.
' (11) A fee shall be paid to the City for each
application for a preliminary plat, as set out in
Section 17-191 of this Chapter.
18

'
(12)
Owner's statement. The owner or agent of the
owner shall submit a signed statement requesting
Planning Board consideration of the preliminary
'
plat as submitted and acknowledging that such
approval is subject to approval of a construction
plan as provided herein. Such statement shall be
'
submitted on the preliminary plat approval
procedure, format, mapping and application sheet
as provided.
'
(b) Required general information.
'
(1)
Subdivision name.
(2)
The name(s) of the City, township, county and
'
state in which the subdivision is located.
(3)
Name, address and telephone number of land
owner(s).
(4)
Name, address and telephone number of the
subdivider and/or developer.
'
(5)
Name, address and telephone number of the
professional engineer or registered land surveyor
'
preparing the plat.
(6)
North Carolina registration number and seal as
listed per (5) above.
'
(7)
Locational vicinity map, at a scale of one (1)
inch equal to one thousand (1000) feet showing the
'
subdivision in relation to major and minor roads
natural features, existing city limit
or streets,
lines and other obvious references.
'
(8)
Date of original survey, plat preparation and/or
revision(s).
'
(9)
Number of sheets.
(10)
Scale denoted both graphically and numerically.
'
(c) Required site information.
(1)
North arrow and delineation as to whether true,
'
grid or magnetic, including date.
(2)
Existing, platted and proposed streets, their
names and numbers (if state maintained roads)
'
shown and designated as either "public" or
"private" indicating right-of-way and/or easement
'
19
F

'
widths, pavement widths, centerline curve and
corner radius data, including sight distance
triangles and typical cross -sections. All streets
indicated on the City of Washington thoroughfare
plan shall indicate future right-of-way widths.
'
(3)
Proposed and existing lot lines within the
subdivision showing approximate dimensions. Plat
references shall be indicated for existing lots.
(4)
Location of all existing buildings with exterior
dimensions including heights, number of stories,
distance to existing and proposed lot lines,
'
private drives, public rights -of -way and
easements.
'
(5)
Existing and proposed property lines, public and
private streets, right-of-way and/or easement
widths, pavement widths, easements, utility lines,
hydrants, recreation areas or open spaces on
'
adjoining property.
(6)
Ownership of all contiguous property indicated and
'
referenced by deed book/map book and page number.
(7)
Existing zoning classification(s) boundaries of
'
the tract to be subdivided and on adjoining
property within one hundred (100) feet.
(8)
Political subdivision(s) including city limit
'
lines, township boundaries and county lines.
(9)
Watercourses, railroads, bridges, culverts, storm
drains, wooded areas, marshes, swamps, rock
outcrops, ponds or lakes, streams or stream beds,
ditches or other natural or improved features
'
which affect the site.
(10)
Proposed pedestrian, riding, bicycle trails or
'
easements, their location, width and purpose.
(11)
Sites proposed to be dedicated or reserved for
public or private purpose including location,
'
and expected future ownership and maintenance of
such spaces.
(12)
Recreation area(s) as required and pursuant to the
City Code and comprehensive plan. If such
subdivision is for residential purposes, indicate
the location of all public parks or recreation
'
areas within a one-half (1/2) mile radius.
20

E
(13) Statement of proposed ownership and maintenance
or other agreements when private recreation areas
are established.
(14) Topography (existing and proposed) at a contour
interval of one (1) foot, based on mean sea level
datum, with an accuracy of plus or minus five -
tenths (0.5) of a foot and referenced to the
National Geodetic Vertical Datum (NGVD).
(15) Existing and proposed watercourses, their names,
direction of flow, centerline elevations, cross -
sections, and any other pertinent datum.
(16) Existing flood zone boundaries of the tract and
adjoining parcels, as shown on the Flood Insurance
Rate Maps for the City of Washington and/or
Beaufort County, indicating base flood elevations.
(17) Lot numbers and block numbers in consistent and
logical sequence.
(18) Minimum building setback lines.
(19) Fire hydrant locations and connections.
(20) Water main locations, connections and anticipated
sizes.
(21)
Sanitary sewer main locations, connections and
'
anticipated sizes.
(22)
Storm sewer main locations, connections, and
anticipated sizes.
(23)
Street and lot drainage correlated to the City
'
drainage system, including break points and the
direction of surface water flow on each lot,
street and ditch.
'
(24)
Easements, including but not limited to electric,
water, sanitary sewer, storm sewer, drainage,
private street, gas or other service delivery
'
easements including their location, width and
purpose.
'
(25)
County Health Department approval attached if
public water and sanitary sewer systems are not
available.
'
(26)
Distance to and location of public water and
sanitary sewer systems if such facilities are not
'
21

I
7
available.
(27) The following in tabular form:
a. Lineal feet in streets.
b. Number of lots created.
C. Acreage in total tract.
d. Acreage in parks, recreation areas, common
areas and the like.
(28) The name and location of any property within the
proposed subdivision or within any contiguous
property that is listed on the National Register
of Historic Places, or that has been designated by
ordinance as a local historic property and/or
district.
(29) Environmental impact statement pursuant to Chapter
113A of the North Carolina General Statutes, if
required by the Planning Board. The Planning
Board may require the subdivider to submit an
environmental impact statement with the
preliminary plat if: (1) the development exceeds
two (2) acres in area; and (2) if the board deems
it necessary due to the nature of the land to be
subdivided or peculiarities in the proposed
layout.
(30) Statements on the plat that:
a. Construction plan approval from the City
Public Works Department shall be obtained
prior to construction of any street, water
and/or sanitary sewer and storm drainage
system.
b. All required improvements shall conform to
the City of Washington Manual of Standard
Designs and Details.
C. All lots shall equal or exceed the minimum
development standards of the City of
Washington Zoning Ordinance.
(31) Any other information considered by either the
subdivider or the Planning Board to be pertinent
to the review of the preliminary plat.
(32) Written statement addressing the reasons for being
unable to meet the minimum requirements as listed
in this Section.
22

Sec. 17-31. Preliminary Plat - Review procedure.
The Planning Board shall review and take action on each
preliminary plat duly presented to the City Planner. Before
taking final action on the plat, the Planning Board shall hear
the report of the City Planner and other public officials and
agencies concerning the proposed development. If the preliminary
plat is disapproved by the Planning Board, the City Planner shall
specify to the applicant the reasons for such action.
Sec. 17-32. Preliminary Plat - Departmental findings.
' The City of Washington's City Planner, Director of Public Works,
Fire and Rescue Chief, Director of Recreation and Parks, Electric
Director, and Police Chief, the Beaufort County Water District,
and Beaufort County Health Department, if applicable, shall
' furnish in writing their approval or disapproval of the
preliminary plat.
0
r
C
Sec. 17-33. Preliminary Plat - Disposition of copies.
If the preliminary plat is approved, the subdivider shall
transmit three (3) mylar film copies of the plat to the City
Planner for signature, reproduction and distribution to the
following agencies:
(1) City Planner: Two (2) paper copies and one (1) mylar copy.
(2) Electric Department: One (1) mylar copy.
(3) Public Works Department: One (1) paper copy.
(4) Fire and Rescue Department: One (1) paper copy.
(5) Recreation and Parks Department: One (1) paper copy.
(6) Police Department: One (1) paper copy.
(7) Telephone company: One (1) paper copy.
(8) Cable TV company: One (1) paper copy.
(9) County Planner: One (1) paper copy.
(10) U.S. Postal Service: One (1) paper copy.
(10) Person or firm preparing the plat: One (1) mylar copy.
Sec. 17-34. Preliminary Plat - Construction plan required;
authority; contents.
(a) Following the preliminary plat approval, a construction plan
23

' for the entire development, not to exceed five (5) year, shall be
submitted to the Public Works Director and the Electric Director.
Such construction plan may be submitted in phases.
(b) The subdivider shall submit a construction plan to the City
' of Washington Director of Public Works for review and approval
prior to the construction or improvement of any street, water
line, sanitary sewer, storm sewer, drainage facility, or other
improvement.
(c) The Public Works Director and Electric Director or their
respective designee shall have final joint approval authority of
' any construction plan. Such approval shall be noted in writing
on said plan prior to construction of any public or private
facility or structure. Grading and storm drainage improvements
may be allowed following the approval of the Director of Public
' Works prior to state approval of proposed utility improvements.
(d) Submission requirements and review procedure for all
' construction plans shall be submitted in accordance with the
Manual of Standard Designs and Details.
' Sec. 17-35. Preliminary Plat - Construction plan to coincide
with preliminary plat; minor alterations; major alterations;
resubmission of plat copies reflecting alterations.
' (a) The location, dimension and extent of all proposed
improvements shown on the construction plan shall coincide with
the preliminary plat as approved by the Planning Board.
' (b) Minor alterations that, in the opinion of the City Planner,
do not substantially deviate from the approved preliminary plat
may be allowed. Such minor alterations may include but not be
limited to the relocation, dimension and extent of proposed
improvements due to engineering necessity.
' (c) Major alterations that, in the opinion of the City Planner,
do in fact involve substantial deviation from the approved
preliminary plat shall not be allowed. Major alterations may
include but not be limited to the relocation, deletion, addition,
dimension and extent of proposed improvements which alter street
alignment, interior arrangement, continuation and/or projection;
lot and/or block dimensions inconsistent with applicable
' requirements; changes that increase the total number of lots,
increase the volume and/or location of off -site drainage, or
other condition found to be injurious to either surrounding
' properties or the City of Washington. Appeal from this section
may be taken to the Subdivision Review Board.
' (d) The subdivider shall revise the preliminary plat, as
approved pursuant to (b) above, to reflect all such minor
alterations. Copies shall be submitted for disposition in
' 24
u

' accordance with Section 17-33 prior to obtaining construction
plan approval as provided herein.
' Sec. 17-36. Final Plat - Generally.
(a) The final plat and all required materials shall be submitted
' to the City Planner as agent for the Planning Board not less than
ten (10) working days prior to the scheduled Subdivision Review
Board meeting. Working days shall not be construed to include
' city observed holidays or weekends.
(b) No final plat shall be submitted until the subdivider has
' obtained preliminary plat approval as required under this
chapter.
(c) No final plat shall be approved until the subdivider has
' installed in the proposed subdivision or section thereof to be
recorded all improvements required by this chapter or shall have
guaranteed their installation as provided herein.
' (d) The final plat shall substantially conform to the
preliminary plat as approved. If the final plat does not
substantially conform to the preliminary plat as approved, the
Planning Board may consider appropriate revision to the
previously approved preliminary plat as provided by this chapter.
The Planning Board shall reserve the right to deny revision of
' any preliminary plat where it is found the revision, deletion or
addition thereto would not be in the best interest of the
adjoining or surrounding property owners or the City of
' Washington.
Sec. 17-37. Final Plat - Format; general information; site
' information.
All applications for final plat approval shall be submitted in
accordance with and contain the following information:
(a) Required format.
(1) Scale of one (1) inch equal to one hundred (100)
feet or larger.
(2) Drawn in ink on mylar film.
(3) Mylar film shall be eighteen (18) inches by
twenty-four (24) inches at 0.003 to 0.004 inch
' thickness.
(4) Boundary lines shall be fully dimensioned by
' lengths and bearing with an error of closure not
less than one (1) in five thousand (5,000) and in
accordance with the Standards of Practice for Land
' 25

Surveying in North Carolina. All dimensions shall
be measured to the nearest one -hundredth of a foot
and all angles to the nearest minute. A north
arrow shall be shown, along with delineation as to
whether related to true, magnetic median or North
Carolina grid coordinate system.
(5) Prepared by a surveyor or professional engineer
licensed and registered in the State of North
Carolina.
(6) Multiple sheets shall be collated and stapled
(paper copies only). Match lines shall be clearly
indicated.
(7) Number of copies required
a. Twelve (12) blueline paper copies at the time
of original submission for departmental
review;
b. Two (2) blueline paper copies shall be
submitted for each review department
requesting revision, following the initial
review. The total number is to be specified
by the City Planner; and
C. The original drawing and three (3) mylar film
copies for disposition in accordance with
Section 17-40 upon request of the City
Planner.
(8) One (1) copy of the declaration of covenants,
conditions and restrictions or otherwise as
required pursuant to the North Carolina General
Statutes. Such agreements shall be approved by
the City prior to final plat approval.
(9) a. If utility, street or other improvements as
required have not been installed and approved
by the City of Washington at the time of
submission of the final plat, the subdivider
shall transmit one (1) copy of a written
estimate (prepared by a professional
engineer) of such necessary improvements to
the City Planner for review and approval at
the time of the original submission of the
final plat.
b. A surety agreement duly executed shall be
filed with the Director of Public Works not
less than three (3) working days prior to the
scheduled Subdivision Review Board meeting.
Working days shall not be construed to
26

include City observed holidays or weekends.
C. In cases where a payment in lieu of
'
dedication of land is due, a certified check
payable to the City of Washington in the full
'
amount of such payment shall be required
prior to approval.
(10)
Shall be submitted in accordance with the Manual
'
of Standard Designs and Details.
The following certificates shall be required:
'
a. Standard title block.
b. Standard source of title information block.
'
c. Standard owners statement block.
d. Standard approvals information block.
e. Standard dedication information block.
f. Standard certification block.
(11)
A filing fee shall be paid to the city for each
application for a final plat and such fee shall be
'
set out in Section 17-191.
(12)
Certified copy of the construction permit issued
by the Beaufort County Health Department for water
'
supply and sewerage system to serve the land
included within the final plat, if not to be
served by a public utility system.
'
(13)
When property outside the existing city limits is
subdivided and City water or sanitary sewer
'
service is requested or required, an annexation
petition and required maps shall be submitted to
the City Planner. Pursuant to this requirement,
no final plat shall be recorded until the property
'
contained within the plat has been annexed into
the City of Washington. Delay of the effective
date of annexation as established by an ordinance
of the City Council shall not delay recordation of
'
such plat.
(b) General information.
'
(1)
Subdivision name.
'
(2)
The name(s) of the city, township, county and
state in which the subdivision is located.
(3)
Name, address and telephone number of land
'
owner(s) or legal agent.
27

'
(4)
Name, address and telephone number of the
registered land surveyor or professional engineer
'
preparing the plat.
(5)
North Carolina registration number and seal as
listed per (4) above.
'
(6)
Locational vicinity map, at a scale of one (1)
inch equal to one thousand (1000) feet showing the
subdivision in relation to major and minor roads
'
or streets, adjacent subdivision sections,
political divisions, landmarks or another obvious
references.
(7)
Date of original survey plat preparation and/or
revision(s).
(8)
Number of sheets.
'
(9)
Scale denoted both graphically and numerically.
(c) Site
information.
'
(1)
North arrow and delineation as to whether true,
grid or magnetic including date.
(2)
Street names and designation as to whether public
'
or private.
(3)
Right-of-way and/or easement widths and pavement
'
widths, and sight distance triangles of all
streets within the subdivision.
(4)
Right-of-way and/or easement widths and pavement
widths of all adjacent streets.
'
(5)
Location of all points of curvature and tangency.
(6)
Location of all points of intersection where
'
circular curves are not used.
(7)
Property lines with bearings or deflection angles,
arc lengths, and chord lengths (indicated by
'
dashed lines) as appropriate.
(8)
The delta angle, degree of curve, tangent
distance, radius and method (arc or chord) for
'
each curve.
(9)
Sufficient surveying data to determine readily and
'
reproduce on the ground every straight or curved
boundary line, street line, lot line, right-of-way
'
28

1
line, easement line and setback line.
(10) Accurate location and description of all
monuments, markers and control points.
(11) Location, description and use of all existing and
proposed easements.
(12) Location, description and use of any sites
proposed for dedication or reservation for public
purposes.
(13) Location, description and use of all pedestrian,
riding, bicycle trails or natural buffers to be
dedicated or reserved for public purposes.
(14) Location, description and use of areas to be used
for purposes other than residential.
' (15) Property lines and ownership of all contiguous
property indicated and referenced by deed book/map
book and page number.
' (16) Location of existing buildings or structures,
watercourses, railroads, bridges, culverts, storm
drains, corporate limits, township boundaries,
' county lines and easements both on the land to be
subdivided and immediately adjoining thereto.
(17)
When the subdivision consists of land acquired
from more than one (1) source of title, the
outlines of the various tracts shall be indicated
by dashed lines and identification of the
respective tracts shall be shown on the plat.
(18)
Existing flood zone boundaries of the tract and
adjoining parcels, as shown on the Flood Insurance
'
Rate Maps for the City of Washington and/or
Beaufort County, indicating base flood elevations.
(19)
Minimum building setback lines.
(20)
The area in square feet of each proposed lot and
common area within the subdivision.
(21)
Block and lot numbers in consistent and logical
'
sequence.
(22)
The following in tabular form:
'
a. Number of lots created.
b. Acreage in total tract.
29

'
C. Acreage in common area(s).
d. Acreage in parks, recreation areas and the
'
like.
(23) The name and location of any property within the
proposed subdivision or within any contiguous
'
property that is listed on the National Register
of Historic Places, or that has been designated by
ordinance as a local historic property and/or
'
district.
(24) Any other information considered by either the
subdivider or the Planning Board to be pertinent
'
to the review of the final plat.
(25) Written statement addressing the reasons for being
'
unable to meet the minimum requirements as listed
in this Section.
Sec. 17-38. Same -Review procedure.
The Subdivision Review Board shall review and take action on each
' final plat duly presented to the City Planner. Before taking
action on the plat, the Subdivision Review Board shall hear the
report of the City Planner and other public officials and
agencies concerning the proposed final plat.
' Sec. 17-39. Same -Departmental findings.
' The City of Washington and the Beaufort County Health Department,
if applicable, shall furnish in writing their approval or
disapproval of the plat.
' Sec. 17-40. Same- Disposition of copies.
If the final plat is approved, the subdivider shall transmit the
' original drawing, and three (3) mylar film copies as required to
the City Planner for signature, recordation and distribution as
follows:
' (1) Beaufort County Register of Deeds: Original drawing.
' (2) City Planner: One (1) mylar copy.
(3) Public Works Department: One (1) mylar copy.
' Sec. 17-41. Same -Recordation.
The City Planner shall record the original drawing of the final
' map in the office of the Beaufort County Register of Deeds
together with all applicable documents not more than five (5)
working days following final approval unless as further provided herein.
' 30

' Sec. 17-42. No responsibility, liability for improvements prior
to acceptance.
' The City of Washington shall, in no event, be required to open,
operate, repair or maintain any street or other land or facility
' offered for dedication prior to the City's acceptance, by
resolution of the City Council, of such dedication.
Sec. 17-43. Resubdivision procedure.
' For any replatting or resubdivision of land, the same procedures,
rules, relations and requirements shall apply as prescribed
' herein for an original subdivision.
Sec. 17-44 - 17-59. Reserved.
' ARTICLE C. DESIGN STANDARDS FOR SUBDIVISION PLATS
Sec. 17-60. Relation to thoroughfare plan.
Arrangement, character, extent, width, grade and location of all
streets shall conform to the thoroughfare plan of the City of
' Washington and elements thereof officially adopted.
Sec. 17-61. Street design standards.
' The following design standards shall apply to all streets in
proposed subdivisions:
' (1) The arrangement, character, extent, width, grade and
location of all streets shall be considered in their relation to
existing and planned streets, to topographical and soil
' conditions, to public convenience and safety and in their
appropriate relation to the proposed use of the land to be served
by such streets.
' (2) Where there exists a conflict between City and state street
standards, the more restrictive shall apply.
' (3) The arrangement of streets in new subdivisions shall make
provision for the continuation of the existing streets in
adjoining areas.
' (4) Where a new subdivision adjoins unsubdivided land
susceptible to being subdivided, than the new streets shall be
carried to the boundaries of the tract proposed to be subdivided;
' and such arrangement shall make provision for the logical and
proper projection of such streets.
' (5) Where a new subdivision adjoins unsubdivided lands that do
not have direct and adequate access to an approved public street,
then the new streets shall be carried to the boundaries of the
' 31

' tract proposed to be subdivided to insure the adjoining lands of
direct and adequate access. Private streets shall not constitute
' direct and adequate access for purposes of this section.
(6) In cases where a subdivider is required to carry a new
' street to the boundary of the tract to be subdivided and such
boundary line is a ditch, canal or other drainage facility, the
subdivider shall dedicate the appropriate land to the boundary of
the tract to be subdivided and construct or guarantee the
' required improvements to such boundary or to a further point as
provided by private agreement.
' (7) Reserve strips controlling access to public streets shall be
prohibited except under conditions approved by the Planning
Board.
(8) The street arrangement within new subdivisions shall not be
such as to cause hardship to owners of adjoining property in
platting their own land and providing convenient access to it or
' affect the health, safety and welfare of property owners and
residences in the surrounding area. Streets within or adjacent
to subdivisions intended for residential purposes shall be so
' designed that their use by through traffic shall be discouraged,
except, however, where such streets are existing or proposed
thoroughfares.
' (9) Street right-of-way and/or easement and paving widths shall
be based upon the volume of traffic generated by the area served
by such street and the future traffic circulation pattern of the
' surrounding area and the City as a whole. The traffic generation
factors used to determine the required street section are
contained in the Manual of Standard Designs and Details in
conjunction with the adopted thoroughfare plan for the city.
(10) Half -streets shall be prohibited except where essential to
the reasonable development of the subdivision in conformity with
' the other requirements of these regulations and where the
Planning Board finds it will be practicable to require the
dedication of the other half when the adjoining property is
' subdivided. Wherever a half -street is adjacent to a tract to be
subdivided, the other half of the street shall be platted and
improved within such tract.
' (11) Names of new streets shall not duplicate existing or platted
street names unless a new street is a continuation of or in
alignment with the existing or platted street. Addresses shall
' be assigned in accordance with the address numbering system in
effect in the City.
(12) The vacation of any street or part of a street dedicated for
public use, if such vacation interferes with the uniformity of
the existing street pattern or any future street plans prepared
' 32

' for the areas, shall not be permitted.
' (13) Where a tract is subdivided into larger parcels than
ordinary building lots, such parcels shall be arranged so as to
allow the opening of future streets and logical further
resubdivision.
(14) All buildings shall be located within proximity of an
approved street in accordance with the Zoning Ordinance and
within an acceptable distance to a fire hydrant, which has been
connected to a public water supply system, approved by the City
of Washington. Such hydrant shall be installed within the right-
of-way or easement of a street or as otherwise approved by the
Chief of Fire and Rescue and the Director of Public Works
department. Hydrant locations and requirements shall be in
accordance with the Manual of Standard Designs and Details.
(15) Each lot created within a subdivision shall have direct
access to an approved street in accordance with the Zoning
' Ordinance, or as provided in this Chapter.
(16) Street jogs with centerline offsets of less than one
' hundred fifty (150) feet shall not be allowed.
(17) Streets shall be designed to intersect as nearly as
possible at right angles, and no street shall intersect another
' at less than sixty (60) degrees.
(18) Loop/connecting streets which begin and terminate without
' intersecting another street system shall not exceed two thousand
(2000) feet as measured along the centerline of such street.
(19) Cul-de-Sac/terminal streets shall not exceed one thousand
(1000) feet as measured along the centerline of such street from
the right-of-way as projected from the intersecting street which
provides direct access to the general street system (existing or
' proposed to their furthermost point.
(20) Private streets may be allowed to provide access to and
' from individual property in accordance with the following:
a. To provide access to two (2) or more individual units
or lots within developments approved pursuant to the
requirements of the Zoning Ordinance.
b. Design, location and improvement shall provide for safe
' intersection with public streets, safe passage of
service and emergency vehicles and protection of
adjoining property.
' C. Where private streets are allowed, an appropriate
association shall provide and perpetually maintain such
33

'
private streets in suitable condition and state of
repair for the City of Washington to provide normal
delivery of services including, but not limited to,
'
solid waste collection, police and fire protection, and
electric, water or sewer service or installation. If
at any time such private streets are not maintained by
the association and travel upon them becomes or will be
hazardous or inaccessible to the City of Washington
service or emergency vehicles, the City of Washington
may cause such repairs to be made after a reasonable
'
period of notification to the property owner and/or
association. In order to remove safety hazards and
ensure safety and protection for the development the
'
City may assess the cost of such repairs to the
property owner and/or association.
d. The City of Washington shall have no obligation or
responsibility for maintenance or repair of such
private streets as a result of the normal delivery of
services or otherwise by the City of Washington or
'
others using such streets.
e. No private street shall be allowed unless an
'
appropriate association is established for the purpose
of providing for and perpetually maintaining such
street.
'
f. All private street easements shall be dedicated to the
City as general utility easements.
I
H
1
(22) Curve radius standards, property line radius standards,
tangent distances between reverse curves, right-of-way widths,
easement widths, pavement widths, pavement design and storm
drainage system design provisions shall conform with and be in
compliance with the standards found in the Manual of Standard
Designs and Details and the adopted thoroughfare plan for the
City.
(23) Planned unoffensive industry (PIU) and planned industry (PI)
districts street standards; exemptions.
a. PIU and PI districts shall be exempt from the maximum
"loop -connecting" and "cul-de-sac-terminal"
street standards listed above under sections
17-61 (18) and (19).
b. PIU or PI districts shall comply with all other
provisions of this section.
Sec. 17-62. Utility easements.
Easements for utilities shall be provided where necessary along
front, rear or side lot lines, but shall not be required to
34
11

center on such lines. Such easements shall be sufficiently wide
to provide for installation of such utilities and access for
' maintenance and operation. The minimum width of the easements
shall be as follows:
' (1) Water lines: Ten (10) feet.
(2) Gas lines: Ten (10) feet.
' (3) Electrical lines: Ten (10) feet.
(4) Storm sewer: As necessary on determination of the
' Public Works Director.
(5) Sanitary sewer shall be in accordance with the
' following table:
Minimum Ease -
were Width
Depth of Cover (feet)
Force main All 10
Gravity sewers: 0-10 20
10-15 30
Greater than 15
(6) Multipurpose: See Section 17-65, below.
' (7) Hydrant: Five (5) feet as measured on the horizontal in
all directions from the center of the hydrant.
' Sec. 17-63. Lot lines and utility easements.
' Lot lines shall be so arranged with respect to utilize easements
as to permit efficient installation of utilities without
unnecessary irregularities in alignment.
' Sec. 17-64. Projection of easements to adjacent undeveloped
property.
' Where a new subdivision is adjacent to undeveloped property that
does not have direct access to public utility lines or
facilities, adequate easements may be reserved on each side of
' all rear lot lines and along certain side lot lines, where
necessary, for future extension of utilities to such undeveloped
property.
Sec. 17-65. Multipurpose easements.
Easements designated as general utility easements which contain
' multiple utility lines, structures or facilities shall be
permitted only upon specific authorization of the Director of
Public Works. The minimum acceptable width of such general
35

7
J
C
utility easements shall be subject to approval on an individual
case -by -case basis.
Sec. 17-66. Minor drainage easements.
Minor drainage easements providing for drainage of surface waters
from four (4) or less lots and not involving regulated flood
areas may be permitted to cross lots at points where such
arrangements are found by the Director of Public Works to be
necessary as a result of topography or soil conditions, and where
suitable building sites are reserved. Such minor drainage
easements may be required and designated to be maintained by the
property owner.
Sec. 17-67. Major utilities, substation sites, etc.
Where major utility substations, pumping stations, pressure
regulating stations and the like are required, adequate provision
to provide screening, consisting of local plant material and
fence material or combination thereof, shall be required.
Sec. 17-68. Preservation of significant water areas - Intent.
It is the intent of these regulations both to safeguard existing
and potential development in appropriate locations and to
preserve and promote a desirable ecological balance. Therefore,
insofar as it is reasonably practicable, subdivisions shall be
located, designed and improved to preserve important natural
water areas, related vegetation and wildlife habits; to avoid
creation of upstream impoundments or downstream runoff which
would be harmful to such complexes or to existing or potential
development in appropriate locations; and to maintain desirable
groundwater levels.
Sec. 17-69. Preservation of significant water areas -
maintenance of natural waterways and water
areas; relationship to greenway plan.
(a) Where a proposed subdivision is traversed by or includes in
whole or in part a natural watercourse, marsh, pond or lake of
substantial significance in the ecology of the general area, the
water body shall, to the maximum extent reasonably feasible, be
maintained in its natural state, together with bordering lands
and other suitable protective strip or buffer as required by the
Planning Board. The minimum width of any protective strip or
other buffer required pursuant to this section shall not be less
than fifteen (15) feet from the top of the bank as determined by
the Director of Public Works.
(b) Relationship to greenway plan. If any portion of the area
proposed for subdivision lies within an area designated in the
officially adopted greenway plan as a greenway corridor, the area
36

' so designated shall be dedicated and/or reserved to the public at
the option of the City.
' (c) The City of Washington shall have right of access onto all
designated and/or dedicated areas within all easements as
required for the construction and/or maintenance of public
facilities.
Section 17-70. Preservation of significant water areas - Changes
' in location or extent of significant natural
waterways and water areas.
' The Director of Public Works may permit changes in the location
or extent of significant natural waterways and water areas only
after making findings that such changes will not adversely affect
desirable ecological conditions, drainage or water retention, or
' result in undesirable location or amount of upstream impoundment
or downstream discharge.
' Section 17-71. Drainage.
Adequate storm drainage shall be provided by means of storm
' drainage pipe and appurtenances thereto or by open or unenclosed
drainage channels, all of which shall be installed in accordance
with the Manual of Standard Designs and Details. The Director of
Public Works shall determine what type of storm drainage shall be
' required and what improvements shall be installed. In the
consideration of storm drain pipe size to be installed, the
Director of Public Works shall take into consideration the
existing drainage conditions, the effect upon those conditions by
the proposed development and the future needs within the
immediate area of the proposed development.
' Section 17-72. Protection from flooding and other adverse
water conditions.
(a) No subdivision shall be so located or improved to create
impoundments of surface water on developable upstream land
outside the subdivision, to increase surface drainageways, to
' cause erosion onto neighboring property or into water areas, or
to raise or lower groundwater levels in a manner which creates
adverse effects within the subdivision or in surrounding areas.
Where locations or improvements appear likely to have such
' effects, plats shall not be approved until suitable remedial
measures have been provided.
(b) As appropriate to the circumstances, such measures may
include requiring the subdivider to make provision for the
necessary enlargements or improvements in off -site drainageways,
' establishing water retention and recharge areas, and mechanical
and vegetative means to control runoff and erosion from the
subdivision.
' 37

' Section 17-73. Sedimentation and erosion control.
' All subdivisions shall conform to the sedimentation and erosion
control regulations as established by state law.
Section 17-74. Floodprone or flood hazard areas.
' All subdivisions shall conform to the flood zoning regulations
as set forth in the Zoning Ordinance.
Sec. 17-75. Block standards; general design.
' Block lengths, widths and areas within bounding streets shall
meet the following requirements:
(1) Adequate building sites, suitable for the contemplated or
' probable use of the property, are provided.
(2) Zoning requirements regarding minimum lot dimensions and
' area are met.
(3) Lengths between intersecting streets do not exceed one
' thousand four hundred (1,400) feet and are not less
than three hundred (300) feet.
(4) Sufficient widths are provided to allow two (2) tiers of
' lots where single -tier lots are required to separate
development from traffic arteries, water areas, common
areas or public property. Where double frontage lots
' are allowed, a nonaccess easement shall be provided as
specified herein.
(5) Planned unoffensive industry (PIU) and planned industry
' (PI) districts shall be exempt from the maximum block
length listed under subsection (3) above.
' Sec. 17-76. Pedestrian crosswalks within blocks.
Where orientation or length of blocks or other considerations
' justify such action, the Planning Board may require pedestrian
circulation and the provision of access to schools, playgrounds,
shopping centers, transportation and other facilities. Where
such crosswalks are provided, they shall be located, dimensioned,
' fenced, screened, or otherwise improved by the subdivider in such
a manner as to provide security, tranquility, privacy, and safe
use for occupants of adjoining property. Such pedestrian ways,
if suitably improved, may be used by emergency vehicles but shall
not be used by other motor vehicles.
Sec. 17-77. Lots; general design.
(a) Lot dimensions and area shall not be less than the
' 38

applicable requirements of the Zoning Ordinance.
(b) All lots shall abut on their full frontage on an approved
public street, or private street where applicable.
(c) Where public water and/or sewer service is not available,
' all lots shall be subject to the applicable requirements of the
Beaufort County Health Department and the City of Washington.
' (d) Side lot lines shall be substantially at right angles to
straight streets or radial to curved street lines.
(e) Corner lots for residential purposes shall have extra width
to permit appropriate building setback from the orientation to
both streets.
' (f) Lots abutting a pedestrian crosswalk or alley within a block
shall not be considered corner lots.
' (g) All lots shall contain an adequate building site.
(h) Lots subject to flooding and lots deemed to be uninhabitable
shall not be platted for residential occupancy nor for such other
' uses as may increase danger to health, life or property, or which
may aggravate the flood hazard, but such land within the plat
shall be set aside for such uses which shall not be endangered by
' periodic or occasional inundation or which shall not produce
unsatisfactory living conditions.
' (i) All remnants of lots or residual parcels of a larger tract
shall be added to adjacent lots rather than allowed to remain as
a substandard lot or as unusable parcels.
' Sec. 17-78. Double frontage lots.
Double frontage lots shall be avoided except where essential to
' provide residential separation from traffic arteries or other
incompatible uses. Where double frontage lots are allowed, a ten
(10) foot nonaccess easement shall be provided along the street
line outside any existing or future rights -of -way.
Sec. 17-79. Driveways; conditions of lot access.
' Driveways providing ingress and/or egress to all lots within new
subdivisions platted pursuant to these regulations shall conform
to the Manual of Standard Designs and Details and the driveway
' standards of the City of Washington. However, in situations
where, in the interest of public health, safety and welfare, the
Planning Board finds that greater restrictions on the location
' and/or total number of driveways is necessary to insure said
interests, such greater restriction shall be noted on the plat as
a condition of approval. Where such conditions apply to all or
' 39

several lots shown upon the plat, the Director of Public Works
shall enforce the noted condition in addition to other applicable
regulations in effect at the time of driveway permit application.
Sec. 17-80. Public sites and open spaces; relation to quasi -
public and private open space network; intent.
' (a) To provide for efficiency, economy and amenity, it is the
intent of these regulations to encourage and promote the
' development and maintenance of public open space systems.
(b) It is intended that to the maximum extent reasonably
' feasible there shall be a continuous network of public lands
adapted to multiple purposes, including preservation and
maintenance of natural waterways and water areas, protection of
watersheds, neighborhood or community service areas and other
' public uses requiring open space.
(c) It is further intended that these regulations shall
' encourage and promote consolidation, combination and coordination
of quasi -public and private common open space with the public
land network where appropriate. The purposes of such action
shall include the following, applied generally or under
' particular sets of circumstances:
(1) To increase the extent, effectiveness and amenity of
the total open space network;
(2) To provide protection for areas of substantial
' ecological importance; and
(3) To minimize conflicts among automotive traffic,
pedestrians and cyclists, and to provide safe,
convenient movement systems for pedestrians and
cyclists through open spaces not generally open to
automotive traffic, in a pattern connecting their
' principal origins with destinations such as
schools, parks and recreational facilities; and
otherwise to insure the advantages arising from an
open space network with multiple potentials for
public use and reuse, as contrasted with scattered
open spaces serving only limited functions.
' Sec. 17-81. Reservations for recreation areas - Generally.
All subdivisions shall indicate recreation areas at the time of
' submission of the preliminary plat. If such subdivision is
developed in sections, such recreation area shall be contained
within the first section unless as otherwise approved by the
' Planning Board, upon recommendation of the Director of Parks and
Recreation. At the time of submission of the final plat, the
owner shall give the City a valid option on the land provided for
' 40

F
as recreation area. The total development area shall be used as
the basis for computation of the area reserved for recreation
purposes.
Sec. 17-82. Reservations for recreation area - Minimum area.
The minimum amount of land which shall be reserved for recreation
area in the subdivision plan shall be one (1) acre for each
subdivision and in addition, for all subdivisions over twenty-
five (25) acres in area, reservation of recreation space shall
include one (1) acre plus four (4) percent of the gross total
area over twenty-five (25) acres or four hundred (400) square
feet for each lot over one hundred ten (110), whichever is
greater.
Sec. 17-83. Reservations for recreation area - Waiver
provisions.
Any subdivision owner may submit a map to the Planning Board of
the area which is intended to be developed as a subdivision and
request advice as to whether or not a recreation area shall be
required in the proposed subdivision. Within thirty (30) days,
the Planning Board shall make a decision as to whether a
recreation area should be included in the subdivision plan. 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. The owner or developer
shall consider final any decision made pursuant to this section
only if the final subdivision plat is approved under the overall
subdivision regulations within one (1) year from the date of any
determination pursuant to this section.
Sec. 17-84. Reservations for recreation area - Authority of
Planning Board to seek advice.
The Planning Board may, from time to time, request opinions from
the Recreation Advisory Committee and other competent
authorities.
Sec. 17-85. Reservations for recreation area - Owner to
give option to city; provisions of option.
(a) At the time of submission of the final plat, the owner shall
give to the City a valid option on the land provided for as
recreation area. This option shall be a separate agreement to be
drawn by the owner and approved by the City Attorney as to form
and effect. This option may contain such terms as shall be
mutually agreed to by the owner and the City but shall contain
the following:
41

Ll
F
(1) Provision for payment of one hundred dollars ($100.00)
to the owner upon execution of the option, which shall
be applied to the purchase price if the option is
exercised.
(2) Provision that the owner shall sell the land at an
agreed raw land value. The raw land value is the fair
market value of the recreation area before improvements
or development. Should the City and the owner fail to
agree on the raw land value, they shall choose one
M.A.I. appraiser to appraise the recreation area. The
sum per acre determined by the M.A.I. appraiser shall
constitute the price per acre for the land. Cost of
this process shall be equally divided between the City
and the owner.
(3) Provision that the option shall have a term of at least
four (4) years unless terminated by exercise of the
option to purchase by the City, or unless sooner
terminated by the City by an instrument in writing.
(4) Provision that in addition to the stipulated purchase
price if the option is exercised, the owner shall be
entitled to interest on the purchase price from the
date of execution of the option at six (6) percent per
year.
(5) Provision that the option shall become effective upon
recordation of the final subdivision plat containing
such recreation area in the office of the Beaufort
County Register of Deeds.
Sec. 17-86. Reservations for recreation areas - Relation to
bikeway plan.
Arrangement, character, extent, width, grade, and location of the
' bikeway system for Washington shall conform to the bikeway plan
of the City of Washington and elements thereof officially
adopted.
Secs. 17-87-17-114
ARTICLE IV. RESERVED
Reserved.
ARTICLE V - REQUIRED IMPROVEMENTS
Sec. 17-115. Conformance with the Manual of Standard Design and
Detail for the Design and Construction of Waste
and Waste Water System Extensions for Public Works
Department.
42

In addition to the requirements set forth herein, required
improvements shall conform to any applicable specifications set
forth in the Manual of Standard Designs and Details published by
the City and the Manual for the Design and Construction of Water
and Waste Water System Extensions for the Public Works
Department. In case of extraordinary subsurface conditions,
' terrain, the general pattern in the area, existing or probable
development in the vicinity, or other circumstances, the Public
Works Director, upon making supporting written findings, may
' establish greater or lesser requirements in particular cases.
Sec. 17-116. Permanent monuments and markers.
Permanent monuments
and markers shall be
placed in accordance
with the Standards
of Practice for Land
Surveying in North
Carolina and the North Carolina General
Statutes which apply to
the subdivision of
land. The registered
land surveyor preparing
the final plat shall
be responsible for
the placement of all
required monuments
and markers. Such monuments
and markers shall
be in place at the
time the City accepts
the improvements within
'
the subdivision.
u
Sec. 17-117. Streets and alleys - Grading and surfacing.
All streets and alleys within the jurisdiction of the City of
Washington shall be graded and surfaced in accordance with the
design standards set out in this chapter and as specified in the
Manual of Standard Designs and Details.
Sec. 17-118. Streets and alleys - Curbs and gutters.
Minimum requirements shall apply as to use of curbs and gutters
or open ditches and shall be constructed in accordance with the
Manual of Standard Designs and Details.
Sec. 17-119. Street signs.
Street name signs shall be installed in locations and according
to specifications set forth in the Manual of Standard Designs and
Details.
Sec. 17-120. Street lights (public).
Street lights shall be provided at such locations as approved by
the City of Washington and shall be installed and maintained by
the City of Washington Electric Department in accordance with
current policy.
Sec. 17-121. Street trees.
In all residential subdivisions, street trees shall be preserved
where possible; where they do not exist, appropriate trees may be
43

' provided, planted and serviced in accordance with the Manual of
Standard Designs and Details. Such trees shall be species which
' are resistant to damage and disease and which do not cause
interference with utilities, street lighting or visibility at
street intersections or at intersections of driveways or walkways
with streets, and which do not cause heaving of pavements when
' planted in specified locations.
Sec. 17-122. Ground cover.
' All land within the right-of-way which is not used for
structures, vehicular or pedestrian traffic, or for other
' approved landscaping shall be provided with grass or other ground
cover of a nature approved by the Manual of Standard Designs and
Details. Such ground cover may include appropriate plant
materials preserved in place.
' Sec. 17-123. Sidewalks; where to be installed.
' (a) Sidewalks shall be provided by the subdivider, as deemed
necessary the director of development and installed in accordance
with the Manual of Standard Designs and Details.
' (b) In such case where the necessity of sidewalks cannot be
determined by the City Planner, the Planning Board shall reserve
the right to determine the necessity of said sidewalk.
Sec. 17-124. Drainage; conformance with Manual of Standard
Designs and Details.
' All required storm drainage and surface water drainage systems
shall be installed in accordance with the Manual of Standard
' Designs and Details.
Sec. 17-125. All subdivisions to be adequately drained.
' All subdivided land shall be served by a storm and surface water
drainage system located, designed and installed in such a manner
as to preserve the public and private land from inundation during
' a storm of ten-year frequency.
Sec. 17-126. Public water supply required; exceptions.
' (a) Each lot intended for a use requiring public water shall be
served by the City of Washington or the County of Beaufort and
approved by the State of North Carolina, except where
' infeasibility'is documented and such documentation is accepted by
the Planning Board.
(b) Where the Planning Board has accepted the infeasibility of
service by a public system, it shall require approval of the lot
by the Beaufort County Health Department. Such approval shall be
' 44

E
' based upon the studies and conclusions as specified by applicable
law.
' (c) Nothing herein contained shall be deemed to prohibit
installation of private systems where water is not used for human
' consumption.
Sec. 17-127. Public sanitary sewerage required; exceptions.
' (a) Each lot intended for a use requiring sanitary sewerage
shall be served by the City of Washington and approved by the
State of North Carolina, except where infeasibility is documented
' and such documentation is accepted by the Planning Board.
(b) Where the Planning Board has accepted the infeasibility of
service by a public system, it shall require approval of the lot
by the Beaufort County Health Department. Such approval shall be
based upon the studies and conclusions as specified by applicable
law.
' (c) Nothing herein contained shall be deemed to prohibit
installation of private systems where water is not used for human
' consumption.
Sec. 17-128. General erosion protection; conservation of
topsoil; preservation of desirable vegetation.
In general, in preparation of the subdivision and installation of
improvements, appropriate measures shall be taken to prevent
' erosion and damaging situations on the property and on adjoining
land or water areas in accordance with the soil erosion and
sedimentation control regulations as set forth by the City Code,
and in compliance with the regulations of the State of North
Carolina. In any grading or filling operations, described
topsoil shall be conserved and redistributed as such,
particularly to cover exposed subsoils. Trees, shrubs and ground
cover existing at the beginning of development operations shall
be preserved to the maximum extent reasonably feasible where they
are of species and in locations likely to add amenity to the
' completed development. The Planning Board may require
preservation of specified trees or other vegetation in connection
with a particular development except upon findings that such
preservation is infeasible in view of the requirements for the
' installation of public utilities and facilities.
Sec. 17-129. Fire protection facilities.
All lots served by public water supply systems shall also be
afforded fire protection by means of hydrants installed in
' accordance with the requirements and specifications of the Manual
of Standard Designs and Details.
45

Sec. 17-130. Wire installation to be underground; exceptions.
Electrical distribution (defined for the purposes of these
regulations as facilities for delivering electrical energy from a
substation to a customer's meter), telephone and any other wire
installation shall be underground unless the infeasibility of
such installation has been documented and the documentation
accepted as satisfactory by the Planning Board. In making its
decision on the adequacy of the documentation, the Board shall
' consider the terrain, load characteristics, reliability,
accessibility, system flexibility, equipment availability, cost,
safety, trimming, and customer desires.
' Secs. 17-131-17-140. Reserved.
ARTICLE VI. COMPLETION OF
' IMPROVEMENTS; MAINTENANCE
GUARANTEES
' Sec. 17-141. Satisfactory completion of improvements; offers to
dedicate; maintenance guarantees;prior
to approval of final plats.
Except as hereinafter provided concerning performance guarantees,
before final plats are approved:
(1) All required improvements shall be completed by the owner or
his agent, and inspected and approved by appropriate public
officials or agencies; and
(2) All required offers to dedicate, or to reserve for future
dedication, shall be made, clear of all liens and encumbrances on
the property and public improvements thus dedicated.
Sec. 17-142. Performance guarantee.
In lieu of completion of all or part of required improvements
prior to approval of final plats, the applicant may post a
performance guarantee in an amount sufficient to secure to the
City the satisfactory construction and installation of the
uncompleted portion of the required improvements.
Sec. 17-143. Type of guarantee.
The performance guarantee may be in the form of a performance
bond, a certified check, a first deed of trust, an irrevocable
letter of credit, or an escrow deposit. All performance
guarantees shall not be accepted unless the City Attorney has
made a review thereof and provided a written opinion that the
interests of the City are fully protected.
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Sec. 17-144. Plans and construction programs.
Plans, specifications, quantities, unit costs and estimated total
coats shall be provided by the applicant to the Director of
Public Works together with a schedule indicating time of
initiation and completion of the work, as a whole or in stages.
Number of copies shall be as required for records and processing
in the particular case.
' Sec. 17-145. Amount and terms of performance guarantee; time
limitations
' (a) Following receipt of the required estimate, the Director of
Public Works shall prepare recommendations as to the terms of the
performance guarantee, including time of initiation and
completion of the work, as a whole or in stages, and provisions
' for release of portions of the guarantee upon completion of
portions or stages of the work. The life of a performance
guarantee shall not be less than six (6) months or greater than
' two (2) years, unless otherwise provided. The time between
initiation and completion of development shall not exceed four
(4) years, except as provided under subsection (c).
' (b) Based on such estimate, with such changes as deemed
necessary, the Director of Public Works shall set the amount and
terms of the performance guarantee, subject to necessary legal
' review.of form as provided in section 17-143.
(c) When in the opinion of the Director of Public Works the
required improvements or portions thereof cannot be completed
within the specified time frame due to a physical condition
and/or lack of an approved final plat on an adjoining property,
the performance guarantee or portion thereof for such
improvements may be extended beyond the maximum time stated in
subsection (a) above. Following approval of a final plat on an
adjoining property, the required improvements or portion thereof
' shall be installed within the life of the current performance
guarantee or twelve (12) months, whichever is greater.
' (d) The Director of Public Works may accept a substitute
performance guarantee from any party to cover the cost of all or
a portion of the remaining improvements shown on an approved
final plat. When a substitute performance guarantee is offered.
' The Director of Public Works shall give ten (10) days notice by
certified mail to the party posting the original surety that the
Director of Public Works intends to issue a "notice to proceed"
' for construction of the guaranteed improvements to the party
offering the substitute surety. The "notice to proceed" will be
issued to the party offering and posting the substitute surety
' unless the party posting the original surety makes a written
request that the "notice to proceed" be issued to him, and has in
place or offers a surety meeting the requirements of a substitute
' 47

surety.
(e) When
a substitute performance guarantee is accepted, the
'
following
rules shall apply:
(1)
The work covered by a substitute performance guarantee
'
shall be completed within twelve (12) months.
(2)
The original performance guarantee shall be released,
reduced or returned to the party posting the
'
original performance guarantee.
(3)
The work performed under a "notice to proceed" shall
'
conform to the original plans in accordance
with the approved final plat.
'
(4)
No extensions or substitutions of a substitute
performance guarantee will be allowed.
' Sec. 17-146. Inspections; inspection reports.
(a) The Director of Public Works shall make inspections to
' determine whether work has started as scheduled, shall make
inspections as are necessary during the course of work, and shall
make final inspections.
(b) Within five (5) days of such inspections, copies of reports
of the results thereof shall be provided to the file for public
inspection.
Sec. 17-147. Action on inspection reports - Reports indicating
satisfaction of requirements.
Where such reports indicate satisfactory completion of work
within the time limit set and in accord with other terms of the
performance guarantee, for agreed upon stages or for the entire
' work, the Director of Public Works shall so indicate to the
applicant, any surety company involved, and the City Manager.
The City Manager, upon such notification and any further
' assurance he may require from the City Attorney, shall then
release all or portions of the performance guarantee in
accordance with the terms thereof.
' Sec. 17-148. Action on inspection reports - Reports indicating
failure to satisfy requirements.
' (a) Where such reports indicate failure to initiate work on
schedule or to complete work on schedule in full compliance with
the terms of the performance guarantee, the Director of Public
' Works shall so indicate to he applicant, any surety company
involved and the City Manager. Such notice shall indicate that
unless action required under the terms of the performance
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guarantee is completed within thirty (30) days of the date of
such notification, the performance guarantee or portions thereof
' set forth in its terms shall be called.
(b) Unless such action is completed, as evidenced by inspections
and reports of the Director of Public Works, the City Manager
' shall call the performance guarantee or affected portions
thereof.
' Sec. 17-149. Action inspection reports - Reports indicating
unsatisfactory progress.
Where such reports indicate that work initiated appears likely
' not to be completed on schedule, and where the performance
guarantee provides for extension of time for cause, the Director
of Public Works shall notify the applicant and any surety company
' involved concerning potential need for an application for such
extension. Where such notice has been given, no application for
extension shall be considered after expiration of the original
' schedule date.
Sec. 17-150. Actions following failure to complete work under
' performance guarantee.
When work required under the terms of any performance guarantee
is not completed by the applicant as specified therein, the City
' Manager, following the call of the guarantee, shall take such
action as is appropriate in the circumstances of the case to
procure the completion of the required improvements at the
' earliest reasonable time, according to the plans and
specifications and staging of construction approved in connection
therewith.
Sec. 17-151. Acceptance of guarantee of other governmental
agency or utility.
' Where all or part of required improvements are to be completed by
another governmental agency or utility, the City Manager may
accept the written guarantee of such agency to complete such
' improvements within a time to be mutually agreed upon.
Sec. 17-152. Building permits and certificates of occupancy
prior to completion of improvements.
(a) Building permits may be issued for construction of buildings
in subdivisions which have been given final approval and properly
' recorded prior to completion of the required improvements.
(b) Certificates of occupancy may be issued, and buildings
' occupied only when all of the following improvements are
available and as further provided below:
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(1) Streets, passable for private, service and emergency
vehicles under normal weather conditions, provided that
distance along such streets shall not exceed one-fourth
(1/4) mile by normal routes:
(2) Driveways passable under normal weather conditions;
(3) Drainage assuring that under normal weather conditions
there will be no flooding of the building
site or accessways to the site;
(4) Erosion protection acceptable under normal weather
conditions; and
(5) Domestic water supply and sanitary sewerage.
(c) No such permits or certificates shall be issued unless
improvements are guaranteed and the applicant accepts tort
liability pending completion of all required improvements.
Secs. 17-153-17-160. Reserved.
ARTICLE VII. AMENDMENTS
' Sec. 17-161. Planning Board review; recommendation.
All proposed amendments to these regulations, except those
' initiated by the Planning Board, shall be submitted to the
Planning Board for its recommendations as to approval, approval
with specified alterations, or denial. Unless such
recommendation is forthcoming within sixty (60) days of
' submittal, or a longer period is agreed upon in writing by the
person or agency initiating the proposal, the City Council may
proceed to act without a recommendation.
' Sec. 17-162. Public notice and hearing.
' No such proposed amendment shall be acted upon by the City
Council until after a public hearing thereon, at least fifteen
(15) days notice of which shall have been published in a
newspaper of general circulation.
Sec. 17-163. Limitation on resubmittal.
' Except when initiated by City Council or the Planning Board,
no proposed amendment failing of passage shall be considered in
substantially the same form within one (1) year of rejection.
' Secs. 17-164-17-170. Reserved.
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' ARTICLE VIII. VIOLATIONS,
PENALTIES AND REMEDIES
' Sec. 17-171. Penalties for violation.
' (a) Any violation of this chapter shall subject the offender to
a civil penalty in the amount of fifty dollars ($50.00).
Violators shall be issued a written citation which must be paid
within seventy-two (72) hours.
(b) Each day of continuing violation shall be a separate and
' distinct offense.
(c) Notwithstanding subsection (a) above, provisions of this
chapter may be enforced through equitable remedies issued by a
' court of competent jurisdiction.
(d) In addition to or in lieu of remedies authorized in
subsections (a) and (c), above, violations of this chapter may be
prosecuted as a misdemeanor in accordance with applicable law.
Sec. 17-172. Remedies.
' Appropriate actions and proceedings may be taken by law or in
equity to prevent any violation of these regulations, to prevent
' unlawful construction, to recover damages, to restrain, correct
or abate violation and to prevent illegal occupancy of a
building, structure or premises.
Sec. 17-173-17-180. Reserved.
ARTICLE IX. VARIANCES
Sec. 17-181. Authorized; procedure.
' (a) The City Council may vary the requirements of this chapter
where, because of the size of the tract to be subdivided, its
topography, the condition or nature of adjoining areas, or the
existence of other unusual physical conditions, strict compliance
with the provisions of this chapter could cause an unusual and
unnecessary hardship on the subdivider.
' (b) In granting variances, the City Council may require such
conditions as will secure, insofar as practicable, the objectives
of the requirement(s) varied. Any variance thus recommended is
required to be entered in writing in the minutes of the Board and
the findings upon which departure was justified set forth.
' Secs. 17-182-17-190. Reserved.
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ARTICLE X. FEES
Section 17-191. Fees for subdivision requests
' (a) The fees for subdivision requests are as follows:
' 1) Request for approval of preliminary subdivision plat:
$50.00
' 2) Request for approval of final subdivision plat:
$50.00
3) Variance from regulations: $150.00
4) Amendment to the text: $125.00
' (b) All fees are due at the time the requests are made. No
request will be considered until the applicable fee is paid.
' Secs. 17-192-17-199. Reserved.
ARTICLE XI. LEGAL STATUS
AND EFFECTIVE DATE
Sec. 17-200. Separability.
' If any'part or provision of these regulations or application
thereof to any person or circumstances is adjudged invalid by any
court of competent jurisdiction, such judgment shall be confined
' in its operation to the part, provisions or application directly
involved in the controversy in which such judgment shall have
been rendered and shall not affect or impair the validity of the
' remainder of these regulations or the application thereof to
other persons or circumstances.
' Sec. 17-201. Repeal.
Previous subdivision regulations in effect up to the effective
date of these regulations are repealed as of the effective date
of these regulations and shall be superseded thereby except
insofar as actions remain pending under prior regulations.
' Sec. 17-202. Effective date.
These regulations shall be effective at a.m.
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' FLOYD G. BROTHERS
MAYOR
ATTEST: RITA A. THOMPSON
' CITY CLERK
C
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SEAL
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(fits of Washington, Kurth Carolina Fribr In j1hE ]Just - -Taith In iThe -Tixturt 1