Subdivision Ordinance Draft-1989

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The preparation of this Draft
Subdivision Ordinance 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 adminis-
tered by the Office of Coastal
Zone Management, National
Oceanic and Atmospheric
Administration,
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1
1 DRAFT
2 CRAVEN COUNTY SUBDIVISION ORDINANCE
3 ARTICLE I
4 BASIS
5 1. Authoritv and Purpose
6 This Ordinance is entitled Subdivision Ordinance for the
7 County of Craven and may be cited as the Subdiisio
8 Ordinance.
9 This Ordinance is adopted pursuant to Chapter 153A,
10 Article 18, of the General Statutes of North Carolina for the
11 purpose of supporting and guiding the proper subdivision and
12 resubdivision of land within the subdivision jurisdiction of
13 Craven County in order to promote the public health, safety
14 - and general welfare of its citizens and to promote the
15 orderly growth of the County. Chapter 153A, Section 335
16 defines "subdivision" as "all divisions of a tract or parcel
17 of land into two or more lots, buildings sites, or other
18 divisions for the purpose of sale or building development
19 (whether immediate or future) and includes all division of
20 land involving the dedication of a new street or a change in
:- 21 existing streets; however, the following is not included
22 within this definition and is not subject to any regulations
23 enacted pursuant to this Part:
24 (1) The combination or recombination of portions
25 of previously platted lots if the total number of lots
26 is not increased and the resultant lots are equal to or
27 exceed the standards of the county as shown in its
28 subdivision regulations;
29 (2) The division of land into parcels greater than
30 10 acres if no street right-of-way dedication is
31 involved;
32 (3) The public acquisition by purchase of strips
33 of land for widening or opening streets; and
34 (4) The division of a tract in single ownership
35 the entire area of which is no greater than two acres
36 into not more than three lots, if no street right-of-way
37 dedication is involved and if the resultant lots are
38 equal to or exceed the standards of the county as shown
39 by its subdivision regulations.

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r 40 2. Jurisdiction
41 This Ordinance shall govern each and every subdivision
42 of land within Craven County except that land within the
43 subdivision jurisdiction of any municipality, unless such
44. municipality shall have by resolution formally requested the
45 County to enforce this Ordinance within the municipality's
46 jurisdiction.
47 ARTICLE II
48 COMPLIANCE
49 1. Approval of Plat
50 No subdivision plat of. land within the subdivision
51 jurisdiction of Craven County shall be filed or recorded by
52 the Register of Deeds for Craven County until it shall have
53 been submitted and approved in accordance with this Ordinance
54 and until such approval is entered on the face of the final
55 plat by the Chairman of, or other member authorized by, the
56 Craven County Subdivision Review Board,.hereinafter known as
57 the "Board".
58 2.. Permits
59 No building permits shall - be issued for, nor shall
• 60 water, sewer, or other County facilities or services be
61 extended to or connected with, any subdivision for which a
62 plat is required to be approved until the'General Development
63 Plan has been approved by the Board.
ARTICLE III
65 GENERAL REQUIREMENTS FOR SUBDIVISIONS
66 1. Suitabilitv of Land
67 Where land to be subdivided is found by the Board to be
68 subject to the conditions of flooding, improper drainage,
69 severe erosion, slides, or to have other characteristics
70 which pose an ascertainable danger to health, safety, or
71 property, the subdivider shall take measures necessary to
72 correct said conditions and to eliminate said dangers. In
73 making such determinations the Board shall take into
74 consideration official U. S. Department of Housing and Urban
75 Development Flood Hazard Boundary Maps, the Craven County
76 Soil Survey, and recommendations of the Corps of Engineers,
77 the. Soil Conservation Service, U.S.D.A., and the Craven
78 County Board of Health. Any findings made by the Board
79 pursuant to this section and the basis for said findings
80 shall be in writing and recorded in the minutes of the Board.
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81 When the land to be subdivided falls within an area of
82 Environmental Concern, the following shall be shown on such
• 83 map: When this plat was prepared, the areas shown as areas of
84 Environmental Concern on the plat met the standards of the
85 North Carolina Coastal Resources Commission for such areas.
86 A Coastal Area Management Act permit may be required for any
87 development within those areas.
88 2. Streets
89 The General .Development Plan must be accompanied by
90 evidence satisfactory to the Board as to the proposed method
91 of street access, as prescribed herein, to all lots to be
92 platted, which evidence shall provide detailed information as
93 to proposed elevations, cut and fill, drainage, traffic
94 circulation and other construction details required by a
95 municipality, the North Carolina Secondary Roads Council
96 and/or the North Carolina Department of Transportation (both
97 of which are hereinafter referred to as "D.O.T."), or by the
98 Board. The installation of all streets, in accordance with
99 requirements set forth below, shall be required prior to
100 final plat approval unless otherwise permitted pursuant to
101 Article V. Further, the subdivider shall meet all
102 requirements of North Carolina General Statute Section 136-
103 102.6.
• J04 2.01 Municipal Streets
105 All streets to be built in an incorporated municipality
.106 having adopted this Ordinance shall be constructed as
107 described on the approved General Development Plan and shall
108 meet the minimum road construction standards of the
109 municipality so that said streets, when completed, are
110 eligible for maintenance by said municipality.
111 2.02 Public Streets
112 Unless otherwise designated by the Board pursuant to
113 Section 2.03 of this Article, all streets to be built outside
114 an incorporated municipality shall be designed, built, and
115 dedicated in accordance with existing applicable policies and
116 standards of D.O.T. so that said streets, when completed, are
117 eligible for acceptance on the State Highway System.
118 2.03 Private Streets
119 Upon request the Board may permit certain streets to be
120 designated as private for the purposes of providing street
121 access to the following:
122 (a) Residential subdivisions with streets designed
• 123 to provide exclusive access only to said subdivision; or
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124
(b) Minor subdivisions with a street serving too
125
few lots for inclusion into the North Carolina Secondary
126
Road System.
127
Private streets may be established as follows:
128
2.031 Private Residential Streets
129
If an owners' association is established for perpetual
130
ownership and maintenance of streets and rights -of -way
131
within, and/or which provide exclusive access to a
132
subdivision, then said streets and rights -of -way may be
133
designated as "private residential streets". In such case
134
the subdivider shall dedicate at least a 50 foot right-of-way
135
to said owner's association but shall not be required to
136
dedicate street right-of-way for public use. All private
137
residential streets shall be designed, built, and dedicated
138.
as shown on the approved General Development Plan in
139
accordance with standards set forth in the following section.
140
2.032 Private Residential Street Standards
141
The plans for all private residential streets shall be
142
prepared and/or certified by a registered engineer or
143
surveyor and shall meet the following standards:
.144 (a) Drainage
• 145 Objective: The roadway shall be aligned and
146 constructed such that adequate drainage is provided from
147 the surface and subsurface of said roadway, as well as
148 across said roadway from adjacent property.
149 Standards: Minimum storm sewer or drainage way
150 Capacity - 10 year storm
151 Minimum cross drainage
152 Capacity - 25 year storm
153 (b) Width and alignment:
154 Objective: The roadway, including shoulders, shall
155 be of sufficient width and design to provide for
156 travelways, emergency pullover space, parking space, and
157 a berm or shoulder adequate to accommodate expected
158 traffic conditions.
159 Further, the alignment of said roadway including
160 grades, horizontal curves, vertical curves, and the
161 super elevation in each curve shall be designed to
162 provide for safe traffic movement at the intended design
163 speed as well as to provide for slight distance which
164 will insure adequate stopping time.
M

Standards:
Max. No. of
Minimum
Stopping
Dwelling Units
Surface
Width
Max.
Design
Sight
Type Street
Served (D.U.)
No Curb
Curb
Surfacing
Grade
Speed
Dist.
Cul-de-sac or loop
less than 15 D.U.
20'
20'
Gravel
15%
20 mph
100,
Residential street
15-60 D.U.
20'
24'
Pavement
12%
30 mph
200'
Residential
greater than
collector
60 D.U.
20'
28'
Pavement
8%
35 mph
250'
4(a)

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• 165
Minimum Width of Shoulder of Berm:
166
Ditch = 6' shoulder
167
Swale = 4' shoulder
168
Curb = 3' berm
169
(c) Intersections:
170
Objectives: All intersections shall be well marked
171
and shall have an adequate stopping sight distance.
172
Grades at intersections should be minimized and the
173
angle of intersecting streets should be as close to 90
174
degrees as possible.
175
Standards:
176
Minimum angle of 60 degrees
177
Maximum grade at intersection 5 percent
178
(d) Material and Procedure Specifications:
179
All bridges, culverts, curbing, surfacing
180
materials, and construction practices and procedures
181
shall meet D.O.T. speficiations.
182
Where a gravel surface is permitted pursuant to Section
• =183
2.032 (b) above, the procedure and materials shall be the
184
same as those prescribed by D.O.T. for hard surfaced streets
185
except that the paved surfacing may be omitted.
186
All- street plans shall be reviewed by the County
187
Engineer prior to approval of the General Development Plan.
188
The Board may, upon written application of the subdivider,
189
grant minor variances from stated standards provided said
190
variances are consistent with the stated objectives. Prior
191
to considering said application the Board shall refer it to
192
the staff and County Engineer for comment.
193 2.033 Private Minor Streets
194 Certain streets and rights -of -way may be designated as
195 private minor streets if:
196 (a) The proposed street provides access to no more
197 than four lots, proposed or existing, and intersects
198 with a public street; and
199 (b) Provisions satisfactory to the Board or its
200 staff are made for:
201
• 202
(1) Continuing common use of the street by
property owners to be served by said street; and
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203 (2) Access for public service and emergency
204 vehicles; and
205 (3) Continuing private maintenance of said
206 street to provide for safe passage of expected
207 traffic.
208 An easement or right-of-way at least 30 feet wide for
209 the full length of the street must be provided and additional
210 width may be required by the Board if necessary for drainage
211 or utilities. Said street shall be located, designed, and
212 built such that it provides a safe intersection with a public
213 street and safe passage of public service and emergency
214 vehicles.
215 2.04 Conformity to Surrounding Development
216 The proposed street layout within a subdivision shall be
217 coordinated with the existing street system of the
218 surrounding area and, where possible, existing principal
219 streets shall be extended.
220
No existing access to adjacent properties may be closed
221
which would render said adjacent property inaccessible,
222
unless other arrangements are made to render comparable
223
access to said property. In no case shall a subdivision be
224
developed such that an adjacent property becomes completely
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unaccessible.
226
2.05 Frontage Streets
227
Where a subdivision adjoins a heavily traveled street,
228
in the interest of highway safety, the subdivider may be
229
required by the Board to provide either a frontage street
230
parallel to said heavily traveled street or reverse frontage
231
on a smaller street. Where reverse frontage is required,
232
private driveways shall not have direct access to said
233
heavily traveled street.
234
2.06 Pedestrian Ways
/ _
235
Streets shall be designed or walkways provided to assure
236
safe and reasonable access to parks, playgrounds, schools,
237
and other places of public assembly. Crosswalks may be
238
required by the Board.
239
2.07 Blocks
240
The length, width and shape of blocks shall be designed
241
to provide for the following:
242
(a) Adequate building sites for the proposed use;
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243
and
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244
(b) Needs for vehicular and pedestrian
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245
circulation; and
246
(c) Control and safety of traffic; and
247
(d) Convenient access to scenic overlooks and
248
water areas.
249
However, at no time shall block lengths exceed one
250
thousand four hundred (1,400) feet or be less than four
251
hundred (400) feet.
252
2.08 Service Ways
253
Service ways and/or fire lanes shall be provided for all
254
lots designed for commercial or industrial purposes and shall
255
be adequate to provide reasonable access for all necessary
256
service vehicles.
257
3. Names of Subdivisions and Streets
258
The name of a subdivision shall neither duplicate nor
259
closely approximate the name of an existing subdivision with:
260
the County.
261
Proposed streets which are obviously in alignment with
262
existing streets shall be given the same name as the existing
263
street. The assignment of new names is subject to Board
•
264
approval, and duplication of existing names, phonetically or
265
otherwise, shall be avoided. Street markers of a design
266
approved by the Board shall be installed at each intersection
267
in uniform locations.
268
4. Water and Sewer Systems
269
The General Development Plan shall be accompanied by
270
evidence satisfactory to the Board of the proposed method and
271
system of water supply and sanitary sewage collection and
272
disposal for all lots intended for a use requiring domestic
273
water supply and/or sanitary sewer. Except in the case of
274
individual septic tanks, the installation of all said sytems,
275
in accordance with plans to be approved as set forth below,
276
shall be required prior to final plat approval unless
277
otherwise permitted pursuant to Article V.
278
4.01 Public Systems
279
Where the proposed system is to be connected to one or
280
more public systems, as defined in Appendix B, the General
281
Development Plan shall be accompanied by a complete set of
282
construction plans for the proposed system. Said plans shall
283
have been approved by the engineer of the public system(s)
284
and any appropriate State agency prior to their approval by
•
285
the Board.
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286
4.02 Community Systems
287
Where the proposed system is a community system as
288
defined in Appendix B, the General Development Plan shall be
289
accompanied by the approval of, and documents required by,
290
the appropriate agency as set forth in Appendix B. If, at any
291
time, the proposed system is to be connected to any public
292
system, all requirements of Section 4.01 above, shall apply.
293
4.03 Individual Systems
294
Where the proposed system is an individual system, as
295
defined in Appendix B, the General Development`Plan shall be
296
accompanied by the approval of the Craven County Health
297
Department and shall show that the subdivider has complied
298
with all ordinances and regulations of the Craven County
299
Board of Health and applicable State law. The statement from
300
the Health Department shall show that each lot has adequate
301
land area and soil conditions suitable to accommodate the
302
proposed methods of water supply and sewage disposal and
303
shall be based upon a field investigation as approved by the
304
Craven County Health Department.
305
4.04 Public System Extensions
306
The Board may require any lot to be served by public
_307
:308
water and/or sewer systems if such service can reasonably be
•
provided by extending existing systems.
309
4.05 Fire Hydrants
310 Where a water line six inches or greater in diameter is
311 required in a public or community system, fire hydrants shall
312 be installed on said line. The hydrants shall be spaced so
313 that coverage to all building sites along said line may be
314 provided with not more than 500 feet of hose and shall be
315 located to facilitate access, hose laying and drainage.
316 5. Storm Water Drainage
317 The General Development Plan shall be accompanied by
318 evidence satisfactory to the Board as to the proposed method
319 of providing for. storm water drainage. It shall be the
320 responsibility of the subdivider to provide a drainage system
321 which is designed to meet the following objectives:
322 (a) Provide for adequate drainage from all roads,
323 parking lots, and other developed areas; and
324 (b) Provide a suitable building area on each lot
325 intended for building development which is safe from
40
326 inundation, erosion, or subsidence; and.

327
• 328
(c) Prevent both the unneccessary impoundment of
natural drainage ways and the creation of areas of
329
standing water; and
330
(d) Insure that existing drainage ways serving
331
adjacent properties are maintained; and
332
(e) Insure that natural runoff levels are not
333
substantially. increased in order to prevent harmful.,
334
flooding downstream and to maintain desirable
335
groundwater levels; and
336
(f) Prevent inundation of surface water into
337
sanitary sewer systems; and
338
(g) Protect all roads, driveways, utilities and
339
other types of development from damages caused by
340
improper drainage control.
341
The design of said system shall be subject to approval
342
of the Board and the installation of said system shall be
343
required prior to final plat approval pursuant to Article V
344
of this Ordinance.
345
Easements for all drainage ways shall be provided as
346
required by Article IV, Section 2.02 of this Ordinance. The
=347
Board shall have the authority to require curb and gutter,
• 348
underground drainage, and other improvements it finds
349
necessary to meet the above objectives. In all subdivisions
350
outside an incorporated municipality with new street
351
right-of-way to be dedicated to the public, the District
352
Engineer of D.O.T. must review and certify his approval of
353
drainage plans pursuant to Article V, Section 4.02 of this
354
Ordinance.
355
6. Sedimentation Control
356
In order to prevent soil erosion and sedimentation
357
pollution of streams, springs, flat water bodies, or other
358
drainage networks, the subdivider shall show proof of an
359
erosion and sediment control plan which has been approved by
360
the State or local agency having jurisdiction in accordance
361
with The Rules and Regulations for Erosion and Sediment
362
Control as adopted by the North Carolina ediment Control
363
Comm sion, April, 1974, as amended.
364 7. Surveying and Placement of Monuments
365 "The Manual of Practice for Land Surveying", as adopted
366 by the North Carolina Board of Registration for Professional
367 Engineers and Land Surveyors, under provisions of Chapter 89
• 368 of the North Carolina General Statutes, shall apply when
369 conducting surveys in order to determine the accuracy for
9

370. surveys and placement of monuments, control corners, markers,
• 371 and property corner ties, and to determine other standards
372 and procedures governing the practice of land surveying for
373 subdivisions.
374 8. Air Quality
375 As required by Chapter 143, Article 21, of the North
376 Carolina General Statutes, all subdivisions of more than 500
377 units at a density of more than 7,680.persons per square mile.
378 (12 persons/acre) shall show proof of compliance with Air
379 Quality guidelines established by the Environmental
380 Management Commission of North Carolina Department of Natural
381 and Economic Resources.
382 9. Other Improvements
383 The subdivider is encouraged to consider this section as
384 he develops plans for any subdivision. Furthermore, the
385 Board shall recommend to the Board of commissioners policies
386 and standards relating to the location, design, installation,
387 and reservation of the following:
388 (a) Underground electrical, telephone,
389 television, and other distribution lines; and
390 (b) Measures providing for safe pedestrian
• `�391 movement throughout the subdivision either within the
392 street right-of-way or within reserved pedestrian ways;
393 and
394 (c) Outdoor lighting at intersections;
395 turnarounds; or other locations; and
396 (d) Areas of significant scenic, historical,
397 cultural, or ecological value; and
398 (e) Land for recreation, school sites, or other
399 public facilities.
400 ARTICLE IV
401 DESIGN STANDARDS
402 THE FOLLOWING STANDARDS SHALL BE CONSIDERED AS MINIMUM
403 REQUIREMENTS FOR ALL SUBDIVISIONS OR RESUBDIVISIONS:
404 1. Lots
405 The lot size, width, depth, shape, orientation, and
406 building setback lines shall be appropriate for the location
407 of the subdivision and for the type of development and use
408 contemplated and shall be sufficient to accommodate proposed
• 409 utilities.
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410
1.01 Single -Family Residential Lots
• .
411
Any lot(s) in a subdivision intended for the development
412
of a detached, single-family dwelling unit(s) shall comply
413
with the following requirements:
414
1.011 Area
415
In order to provide adequate land area and to
416
accommodate the use of septic tanks and private sources of -
417
water in a safe, healthful manner, the following requirements ..
418
shall be met:
419
Minimum
420
Lot Area Approx.
421
(a) Lots served by
422
both public sewer
423
and public water 8,000 sq. ft. 1/5 acre
424
(b) Lots served by
425
only public
426
sewer 10,000 sq. ft. 1/4 acre
427
(c) Lots served by
428
only public
429
water 20,000 sq. ft. 1/2 acre
•
430
(d) Lots served by
431
neither public
432
sewer nor public
433
water 30,000 sq. ft. 3/4 acre
434
(Community water or sewer systems as defined in Appendix B
435
are considered "public" systems in this section).
436
The Craven County Health Department must, according to State
437
law and Ordinances of the Craven County Board of Health,
438
require larger lot sizes if necessary to protect public
439
health and insure proper operation of septic tanks and wells.
440
The Board may, upon application of the subdivider, permit
441
lots smaller than the minimums set forth herein, provided
442
that the proposed smaller lot size is approved by the Craven
443
County Health Department. Even though said Department
444
approves said proposed smaller lot size, the Board is not
445
required to approve said application.
446
1.012 Width
447
Each lot shall have a minimum width of 70 feet across
448
the center of the proposed building site and a minimum at the
449
street right-of-way line of 70 feet. In the event the lot
•
450
fronts on a cul-de-sac, the minimum lot width fronting on the
11

451 street may be 35 feet. However, a minimum of 25 feet may be
452 permitted at the street right-of-way at the discretion of the
• 453 Board. Corner lots shall have an extra width of 10 feet to
454 permit adequate setback from side streets.
455 1.013 Depth
456
Each lot shall
have an average depth of at least one
457
hundred (100) feet.
For any lot
of less than one acre, the
458
average depth shall be no greater
than 2.5 times its average
459
width, except where
that portion
of the lot which exceeds
460
this requirement (1)
is used for
easements, or (2) is set
461
aside for the purpose
of providing
a buffer area, or (3) is an
462
area which is in some
way unsuitable for development.
463 .1.014 Setbacks
464 Each lot shall contain a suitable building site which shall
465 lie within the following building setback lines:
466 Distance from center line of existing State
467 maintained streets (not meeting D.O.T. standards) 60 feet
468
Distance from front right-of-way line on all
469
other streets 30 feet
470
Distance from side property line 10 feet
•
'471
Distance from side property line abutting street 20 feet
472
Distance from rear property line 25 feet
473
Said setback distance requirements may be reduced by the
474
Board provided that evidence found satisfactory by the Board
475
is submitted by the subdivider to the Board which insures
476
that any structure erected on said site shall:
477
(a) Be adequately buffered from the adjoining
478
street to insure safety and reduction of noise; and
479
(b) , Not impede sight distance on curves and at
480
intersections; and
481
(c) Be adequately buffered or be a suitable
482
distance from any structure on an adjoining lot to
483
insure privacy and adequate circulation; and
484
(d) Not encroach on any property line.
485
1.02 Multi -Family Residential Lots
486
Each lot intended for the development of more than one
487
dwelling unit, shall have a minimum lot size of 12,000 square
•
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488
feet and shall have at least 3,000 square feet of lot per
489
dwelling unit. The standards set forth in Section 1.01 of
• 490
this Article, except those standards set forth in Section
491
1.011 ( a ) and (b) , shall also apply.
492
1.03 Commercial or Industrial Lots
493
Each lot intended for commercial or industrial purposes,
494
shall be of a sufficient size to accomodate anticipated
495
parking and service needs. The standards set forth in Section
496
1.01 of this Article, except those standards set forth in
497
Section 1.011 (a) and 1.014 shall also apply.
498
2. Easements
499
Easements shall be provided as follows:
500
2.01 Utility Easements
501
Easements for utilities shall be provided, preferable
502
centered on rear or side lot lines, and shall be at least
503
fifteen (15) feet in width.
504
2.02 Drainage Easements
505
An easement shall be reserved by the subdivider or
506
otherwise provided conforming with the lines of any
507
drainageway into which natural drainage has been diverted.
508
Said drainageway shall be of sufficient width to carry storm
509
water runoff from a 10 year storm.
510
2.03 Buffer Strip
511.
The Board may require a buffer strip no more than ten
512
(10) feet wide adjacent to a major street or a commercial or
513
industrial development. The Board may also require the
514
subdivider to arrange for, or be responsible for, the
515
planting and maintenance of said buffer strip.
516
ARTICLE V
517
PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION PLATS
518
1. General
519
To secureapproval of a plat, as required by this
520
Ordinance, the subdivider shall follow procedures set forth
521
in this Article. A minor subdivision (defined in Section 2
522
of this Article) may be approved pursuant to Section 2 of
523
this Article. All other subdivisions shall be approved
524
pursuant to Sections 3, 4, 5, and 6 of this Article.
•
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525
In the event a plat falls within one of the exceptions
•
526
527
to the definition of a subdivision, such excepted plat shall
be accompanied by a statement from the County Planning
528
Director to that effect and shall be duly noted on the plat.
529
2. Minor Subdivisions
530
Procedures for handling applications for approval `of
531
minor subdivisions are intended to simplify the processing of
532
routine small subdivisions with due regard to the protection
533
of the public interest.
534
A minor subdivision is the division of a tract of land
535
into no more than four (4) lots with access to be provided
536
either from an existing public street or from a private minor
537
street (defined in Article III, Section 2.03) .
!
538
Where the subdivider intends to develop a minor
539
subdivision he may apply for final approval through the
540
procedures set forth in Section 2.01. Said intent shall be
541
stated, in writing, in a form acceptable to the Board and
542
signed by the subdivider.
{
543
2.01 Procedure for Approval
544
Final approval of a plat for any minor subdivision may
545_
be granted by the staff of the Board, which has been
546
designated a planning agency by the Craven County
•
547
Commissioners pursuant to North Carolina General Statute
548
153A-321, subsequent to the following procedure.
549
(a) The subdivider shall submit two (2) copies of
550
a surveyed plat meeting the requirements of Section 6.01
551
of this Article. Further, he shall provide satisfactory,
552
evidence describing the following:
'
553
1. Methods of providing a water supply and
'
554
sewage disposal to each lot, including any State or
555
local approvals which may be needed; and
556
2. Methods of providing access to each lot
557
including the name of any new street; and
558
3. Methods of providing for adequate
559
drainage.
560
(b) The staff shall review said minor subdivision
561
and shall find that it either does or does not meet the
562
requirements of this Ordinance and what improvements, if
563
any, will be required by this Ordinance. (See Section 5
564
of this Article).
i
14

565
(c) If it is found that improvements will be
566
required the subdivider shall submit three additional
567
copies of said plat describing the plans for said
568
improvements. Upon approval of said plans by the staff,
569
a copy shall be forwarded to the Director of Public
570
Safety who shall, upon completion and installation of
571
said improvements, inspect said minor subdivision and
572
shall certify that all improvements either have or have
573
not been installed in accordance with said plans and the
574
requirements of this Ordinance.
575
Note: At this stage, the subdivider may post
576
improvement guarantees pursuant to Section 5 of this
577
Article and receive final approval of his subdivision
578
plat. -
579
(d) Once said subdivision has been approved and it
580
is found that no additional improvements are required,
581
or if additional improvements are required and have been
582
certified by the Director of Public Safety, the staff
583
shall then certify final approval in writing on all
584
copies of said subdivision plat. One copy shall be
585
recorded with the minutes of the Board and the approved
586
surveyed plat shall be returned to the subdivider who
587
shall record said plat with the office of. the Craven
588
County Register of Deeds within 30 days of receipt.
-589
Failure on the part of the subdivider to record said
• 590
plat within said 30 days shall render said approval null
591
and void.
592 (e) Decisions of the staff may be appealed at any
593 time by the subdivider to the Board. If an appeal is
594 made, it shall be heard and decided by the Board at its
595 next regularly scheduled meeting, provided that, if the
596 Board finds that sufficient information is not available
597 to it, the Board may continue the hearing and/or
598 postpone its decision for no more than 32 days.
599 3. Subdivisions
600 Where the subdivider intends to divide.a tract into 5 or
601 more lots he shall receive final approval -from the Board
602 subsequent to procedures set forth in the remaining sections
603 of this Article.
604 3.01 Preliminary Application
605 . In order to initiate discussions between the subdivider
606 and the Board early in the design process, the subdivider
607 shall submit for all subdivisions, other than minor
608 subdivisions, a preliminary application to the Board or its
• 609 staff prior to preparing the general development plan.
15

610 Said application shall include:
• 611 (a) A vicinity map at a scale of 1" = 400' locating
612 said subdivision in relation to the surrounding area
613 showing the boundaries of the entire tract(s) ultimately
614 to be subdivided and the boundaries of that portion of
615 the tract to be developed initially• and
0
•
616 (b) A preliminary application form containing all
617 information required by the Preliminary Application as
618 found in Appendix C.
619 The Board or its staff shall review said application
620 with the subidivider so that each shall know what is
621 expected.
622 3.02 Preliminary Site Plan
623 The Preliminary Site Plan shall show at least that
624 portion of the subdivision that the subdivider plans to
625 develop at this time.
626 If the subdivider intends to divide the entire tract
627 into 15 or more lots he shall also submit 5 copies of a
628 preliminary site plan at least 14 days prior to a regularly
629 scheduled meeting of the Board at which said plan is to be
630 considered, although said time limit may be waived at the
:_631 discretion of the Board. Although not required, it is
632 suggested that a preliminary site plan be submitted for all
633 subdivisions to insure that preliminary plans are correct
634 prior to preparing extensive engineering details.
635 Said preliminary site plan shall be at a scale of at
636 least 1" = 200' and contain all information required in the
637 Preliminary Site Plan Check list as found in Appendix D.
638 The Board shall review and either approve, approve
639 conditionally, or disapprove each preliminary site plan.
640 First consideration shall be at the first regularly scheduled
641 meeting after the plan is submitted, pursuant to Section 3.01
642 above. The Board shall take action on the preliminary site
643 plan within thirty-two (32) days of its first consideration.
644 4. General Development Plan
645 For every subdivision except minor subdivisions, a
646 General Development Plan, containing all required
647 information, shall be submitted to the Board at least
648 fourteen (14) days prior to the regular meeting at which said
649 plan is to be considered although said time limit may be
650 waived at the discretion of the Board.. Six copies of said
651 plan shall be required, provided that additional copies may
652 be required by the Board or its staff, if needed.
16

653 4.01 Contents Required
• 654 The General Development Plan shall include the site plan
655 (as required by Section 3.02 of this Article) in its final
656 form as well as all other information required by the General
657 Development Plan Checklist as found in Appendix E of this
658 Ordinance.
659 In addition, the Board may, under the authority of the
660 Craven County Resolution Requiring the Filing of an
661 Environmental.Impact Statement, adopted and pursuant to.
662 Chapter 113A of the North Carolina General Statutes, require
663 an Environmental Impact Statement for any. subdivision
664 exceeding two acres in size.
665 4.02 Review Procedure
666 The Board shall review and either approve, approve
667 conditionally, or disapprove each General Development Plan.
668 First consideration of said plan shall be at the next
669 regularly scheduled meeting of the Board after the plan is
670 submitted pursuant to Section 4.01, above. The Board shall
671 take action on the General Development Plan within thirty-two
672 (32) days of its first consideration or at the next regularly
673 scheduled meeting after receiving responses from the public
674 reviewing agencies enumerated below.
• `675
Before
final action on any General
Development Plan is
676
taken by the
Board, copies of said plan
shall be referred by
677
the Board
to those public agencies
concerned with new
678
development
for review and comment.
Said agencies shall
679
include, but
are not limited to, the following:
680
(a) District Engineer of D.O.T. regarding streets
681
and drainage; and
682
(b) Craven County Health Department and/or other
683
appropriate departments and agencies (See Appendix B)
684
regarding sanitary sewer and water systems; and
685
(c) t Soil Conservation Service U.S.D.A., regarding
686
sedimentation, drainage, and the suitability of the site
687
for development; and
688
(d) Craven County Board of Education regarding
689
school site reservations, if any; and
690
(e) Craven County Parks and Recreation Advisory
691
Commission regarding dedications of open space and/or
692
recreational sites, if any.
693
Where this Ordinance requires proof of approval from
• 694
other State or local agencies, the following certificates
17

695
(substantially consistent in form to those shown in Appendix
• 696
G) shall be. received by the Board prior to.final approval of
697
any General Development Plan:
698
(a) A certificate signed by the appropriate D.O.T.
699
official stipulating that the plans for any proposed
700
street system to be dedicated to the public outside any
701
incorporated municipality are approved.
702
(b) A certificate signed by the appropriate
703
municipal official stipulating that the plans for any
704
proposed street systems to be dedicated to the public in
705
said municipality are approved;
706
(c) A certificate(s) signed by the appropriate
707
State and/or local official(s) (indicated in Appendix B)
708
stipulating that the plans for water supply and/or
.709
sewage disposal systems proposed for installation meet
710
all pertinent requirements and are approved; and
711
(d) A certificate signed by the appropriate State
712
or local official stipulating that the erosion and
713
sedimentation control plan is approved.
714
If the Board approves the General Development Plan, such
715
approval shall be indicated on three copies by the following
716
certificate signed by the Chairman or other authorized member.
• �717
of the Board:
718
719
720
721
722
"Certificate of Approval by the Subdivision Review Board"
This certifies that the Craven County Subdivision Review
Board approved the General Development Plan for the
Subdivision at its meeting on the
day of
723
724 Date Chairman, Craven County Sub-
725 division Review Board
726 One (1) copy shall be transmitted to the Director of
727 Public Safety, one (1) copy shall be returned to the
728 subdivider, and one (1) copy shall be retained by the Board.
729 If the Board disapproves or approves conditionally said
730 plan, the reasons for such action shall be stated in writing
731 and entered in the records of the Board. The subdivider may
732 make changes and submit a revised plan which revision shall
733 be submitted, reviewed, and acted upon by the Board pursuant
734 to this section.
735 Approval of the General Development Plan shall be valid
736 for one (1) year unless a written extension is granted by the

737 Board on or before the one (1) year anniversary of said
• 738 approval. If the final plat is not submitted for approval
739 within said one (1) year period or any period of extension,
740 the said approval of the General Development Plan shall be
741 null and void.
742 5. Improvements Installation or Guarantees
743
Upon approval of the General Development Plan by the
744
Board, the subdivider may proceed with the installation of or
745
arrangement for required improvements. Required improvements
746
include the following:
747
(a) Street access to each lot; and `.
748
(b ) A water supply for each lot; and
749
(c) A sewage disposal system (exempting septic
750
tanks) for each lot; and
751
(d) Any required drainage or sedimentation control
752
facilities; and
753
(e) Street markers; and
754
(f) Fire hydrants, where required; and
• -.755
(g) Any corrective measures required pursuant to
756
Article III, Section 1.
757
5.01 Completion of Improvements
758
Except as provided in Section 5.02, below and prior to
759
final plat submission or approval, the subdivider shall
760
complete, install, and dedicate all required improvements as
761
specified on the approved General Development Plan for that
762
portion of the subdivision to be shown on the Final Plat. The
763
subdivider shall certify the dedication of said improvements
764
in accordance with Section 5.032 of this Article.
765
5.02 Improvements Guarantees
766
5.021 Agreement and Guarantees Required
767
In lieu of requiring the completion, installation
768
and dedication of all improvements prior to Final Plat
769
approval, the Board may enter into an agreement with the
770
subdivider whereby the subdivider shall agree to
771
complete all required improvements as specified by the
772
approved General Development Plan for that portion of
773
the subdivision to be shown on the Final Plat. Once
774
said agreement is signed by both parties, the Final Plat
• 775
may be approved by the Board. To secure this agreement,
19

776
the subdivider shall provide, subject to the approval of
777
the Board, either one, or a combination of, the
• 778
following guarantees:
779
(a) Surety Performance Bond(s)
780
The subdivider shall obtain a performance
781
bond(s) from a surety bonding company authorized to
782
do business in North Carolina. The bond(s) shall
783
be payable to the County of Craven and shall be in
784
an amount equal to 1.25 times the entire cost, as
785
estimated by the subdivider and proved by the
786
Director of Public Safety, of installing all
787
required improvements. The duration of the bond(s)
788
shall be until such time as the improvements are
789
accepted by the Board pursuant to Section 5.022 of
790
this Article, but for not more than one year with
791
the possibility of one time extension.
792 (b) Cash or Equivalent Securit
793 The subdivider shall deposit cash or other
794 instrument readily convertible into cash at face
795 value, either with the County or in escrow with a
796 financial institution designated as an official
797 depository of of County. The use of any instrument
798 other than cash shall be subject to the approval of
• 7-799
the Board. The amount of deposit shall be equal to
800
1.25 times the cost, as estimated by the subdivider
801
and approved by the Director of Public Safety, of
802
installing all required improvements.
803
If cash or other instrument is deposited in escrow
804
with a financial institution as provided above,
805
then the subdivider shall file with the Board an
806
agreement between the financial institution and
807
himself guaranteeing the following:
808
1. That said escrow account shall be held in
809
trust until released by the Board and may not
810
be used or pledged by the subdivider in any
811
other matter during the term of the escrow;
812
and
813
2. That in the case of a failure on the part
814
of the subdivider to complete said
815
improvements, the financial institution
816
shall, upon notification by the Board,
817
immediately either pay to the County of Craven
818
all funds in said account, or deliver to the
819
County any other instruments fully endorsed or
820
otherwise made payable in full to the county.
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U
20

•
821 5.022 Release of Guarantee Security
822
823
824
825
826
827
828
829
830
831
832
833
834
835
836
837
838 5.03
839
FMI I&:
850
851
852
853
854
855
856
857
The Board may release a portion of any security
posted pursuant to Section 5.02 of this Article, as the
improvements are completed and recommended for approval
pursuant to Section 5.03 of this Article. Within
thirty-two (32) days after receiving the certificates
required by Section 5.03 of this Article, the Board
shall approve or not approve said improvements. If the
Board approves said improvements, then it shall
immediately release any security posted pursuant to
Section 5.02 of this Article.
5.023 Substantial Compliance with Forms in Appendix G
Forms for agreements, performance bonds, letters of
credit, escrow account, or cash equivalents authorized
by Section 5.02 of this Article shall conform
substantially to the forms. prescribed in Appendix G,
Sections 4, 5, and 6.
Inspection and Certification
5.031 Certificate of Improvements
The Director of Public Safety or other qualified
person designated by the Board shall. regularly inspect
the construction of required improvements. Upon
completion of these improvements, said inspector shall
file with the Board a statement (1) certifying that said
improvements have been either completed as required, or
completed as required except for certain listed minor
defects, and (2) recommending the approval of said
improvements. (See Appendix G).
5.032 Subdivider's Certificates
Upon completion of the required improvements, the
subdivider shall file with the Board the following
certificates:
(a) Certificate of Completion and Warranty
The certificate of completion and warranty
shall stipulate the following: (See Appendix G).
1. That all improvements required by this
Ordinance have been completed; and
2. That these improvements are in compliance.
with the minimum standards specified by this
Ordinance for their construction; and
21

861
3. That the subdivider knows of no defects
• 862
863
from any cause and that he will warrant all
improvements against defects in materials and
864
workmanship for a period of one year after the
865
Certificate of Completion and Warranty is
866
executed; and
867
4. That in the event any defects are
868
discovered in materials or workmanship in any
869
required improvements during the warranty
870
period, the subdivider will, at his expense,.
871
replace and/or repair said defects to the
872
satisfaction of the Board.
873
(b) Certificate of Dedication and Maintenance
874
The certificate of dedication and maintenance
875
shall stipulate the following (See Appendix G):
876
1. That all property and improvements are
877
owned by the subdivider and are free of any
878
encumbrance or lien except as enumerated; and
879
2. That the subdivider has freely dedicated
880
or reserved all required rights -of -way,
881
easements, streets, utilities, open spaces,
882
or other improvements to public or private use
'7883
as noted on the approved General Development
• 884
Plan and has freely established minimum
885
building setback lines; and
886
3. That the subdivider shall be responsible
887
for the maintenance of all improvements until
888
either said improvements are taken over the
889
the appropriate public agency or arrangements
890
satisfactory to the Board have been made for
891
maintenance of said improvements.
892
Both of said certificates shall be filed with
893
the Final Plat except when improvements guarantees
894
are' used. When said guarantees are used, said
895
certificates shall be filed with the Board when
896
improvements are completed and shall be forwarded
897
to the Register of Deeds to be recorded either with
898
the Final Plat or as separate documents.
899
5.033 Form of Certificates
900
Certificates required pursuant to Subsections
901
5.031 and 5.032 of this Article shall conform
902
substantially to the certificate forms prescribed in
903
Appendix G, Sections 1, 2, and 3.
r1
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22

P
C�
C�
904 6. Final Plat
905 The Final Plat shall constitute only that portion of the
906 subdivision which the subdivider proposes to record and
907 develop at that time.
908 Once the Board has either approved all required
909 improvement or has entered into an improvements guarantee
910 agreement with the subdivider than the Final Plat may be
911 approved by the Board. The subdivider shall submit four (4)
912 copies and one (1) original of said plat to the Board no less
913 than fourteen (14) days prior to the regular Board meeting at
914 which it shall be considered for approval, although said time
915 limit may be waived at the discretion of the Board. Said plat
916 shall be submitted not more than twelve (12) months after the
917 date on which the General Development Plan was approved,
918 unless a written extension of this time limit is granted by
919 the Board on or before the one-year anniversary of the
920 approval of the General Development Plan.
921 6.01 Contents Required
922 The original of the final plat shall be prepared on
923 linen or film by a registered land surveyor, licensed to
924 practice in the State of North Carolina. Said plat shall
925 conform to the provisions of North Carolina General Statute
926 Section 47-30 as amended. Further, said plat shall be
:-927 fifteen (15) inches by twenty (20) inches or twenty (20)
928 inches by thirty (30) inches and of a scale not less than one
929 inch equals two hundred feet (1" = 2001).
930 The Final Plat shall depict or contain all information
931 required in the Final Plat Checklist as found in Appendix F
932 of this Ordinance.
933 6.02 Review Procedure
934 The Final Plat shall be reviewed according to the
935 following procedure:
936
First consideration shall
be at
the
next regularly
937
scheduled meeting of
the Board
after
the
Final Plat is
938
submitted pursuant to
Section 6.01
of
this
Article. The
939
Board shall approve or
disapprove
the Final Plat at its first
940
consideration within
thirty-two
(32)
days
of its first
941
consideration by the Board.
942 During its consideration of the Final Plat, the Board
943 may.appoint such qualified persons as it deems necessary to
944 confirm the accuracy of the Final Plat. If substantial
945 errors are found by the Board, the plat shall not be approved
946 until such errors have been corrected by the subdivider.
23

'947 If the Board approves the Final Plat, such approval
948 shall be indicated on the original and each copy.of the plat
949 by the following certificate signed by the Chairman or other
950 authorized member of the Board:
951 "Certificate of Approval Ily the Subdivision Review Board"
952 This certifies that the Craven County Subdivision Review
953 Board approved the Final Plat of the
954 Subdivision at its meeting on the day of
955
956
957 Date Chairman, Craven County Subdivision
958 Review Board
959 If the Board disapproves the Final Plat, the Board shall
960 state in writing its reasons for such action, specifying the
961 provisions of this Ordinance with which the plat does not
962 comply. One copy of this statement shall be transmitted to
963 the subdivider within fifteen (15) days of disapproval; one
964 copy shall be retained by the Board as a part of its
965 proceedings, and one copy shall be sent to the Register of
966 Deeds. If the final plat is disapproved, the subdivider may
967 make such changes as needed to bring the plat into compliance
968 with the provisions of this Ordinance and resubmit the same
969 for reconsideration by the Board pursuant.to the procedures
-970 set forth in this Section.
971 6.03 Effect of Plat Approval on Dedications
972
The approval of
a Final Plat shall
not constitute or
973
effect the acceptance
by the County of the
dedication of any
974
land, utility line, or
other facility shown
on said plat.
975 6.04 Disposition of Copies
976 If the Final Plat is approved by the Board, such
977 approval shall be noted on the original tracing of said plat
978 and on four (4) copies as required by Section 6 of this
979 Article. Said original tracing shall be recorded by the
980 subdivider with the Craven County Register of Deeds within
981 thirty (30) days after final plat approval or said approval
982 shall be null and void. The remaining prints shall be
983 distributed as follows:
984 ( a ) Board of Commissions - 1 copy
(b) Director of Public Safety - 1 copy
24

986
(c) The subdivider - 1 copy
•
987
(d) Subdivision Review Board 1 copy
988
6.05 Resubdivison Procedures
989
For any replatting or resubdivision of land, the same
990
procedures and requirements shall apply as prescribed in this
991
Ordinance for an original subdivision.
992
7. Variances
993
Where a subdivider can show that strict adherence to a
994
provision(s) of this Ordinance would, because of conditions
995
peculiar to the site, cause an unnecessary hardship, the
996
subdivider may submit a written application to the Board of
997
Commissioners for a variance from said provision(s) . Said
998
application may be delivered by the subdivider either to the
999
Board (or its staff) or to the Board of Commissioners who
1000
shall refer it immediately to the Board for consideration and.
1001
recommendation. The Board shall consider said application
1002
within thirty-two (32) days of its submission and within that
1003
time, shall recommend in writing to the Board of
1004
Commissioners that said Commissioners either approve or not
1005
approve the application. Said recommendation shall state the
1006
reasoning upon which it is based. By its second regular
1007
meeting after receipt of the Board's recommendation, the
•
1008
Board of Commissioners shall either approve or not approve
1009
said application, provided that approval of said application
1010
shall be given only the the extent that the Board of
1011
Commissioners finds to be absolutely necessary and not to an
1012
extent which would violate the terms of this Ordinance. If
1013
the application is approved and a variance granted by the
1014
Board of Commissioners, said approval and the basis therefor
1015
shall be entered in the minutes of the Commissioners.
1016
8. Amendments
1017
The Board of Commissioners may from time to time.amend
1018
the terms of this Ordinance, pursuant to North Carolina
1019
General Statute 153A-323, but no amendment shall become
1020
effective unless it shall have been proposed by, or shall
1021
have been submitted to, the Board for review and
1022
recommendation.
1023
ARTICLE VI
1024
SUBDIVISION REVIEW BOARD
1025
1. Board Established
1026
There is hereby established the Craven County
•
1027
Subdivision Review Board, designated by the Craven County
25

1028 Commissioners as a planning agency pursuant to North Carolina
• 1029 General Statute 153A-321, and known in this Ordinance as the
1030 "Board".
1031 2. Powers and Duties
1032 Pursuant to the requirements and procedures set forth in
1033 this Ordinance, the Board shall have the following powers and
1034 duties:
1035
(a) To consider and review all
proposed
1036
subdivisions of land within the subdivision jurisdiction
1037
of this Ordinance; and
1038
(b) To approve or disapprove said
proposed
1039
subdivisions; and
1040
(c) To enforce the. provisions of this
Ordinance
1041
through legal action, if necessary; and
1042
(d) To review and make recommendations
to the
1043
Board of Commissioners regarding proposed variances from
1044
and amendments to the Ordinance; and
1045
(e) To enter into contracts and
agreements
1046
authorized in this Ordinance and to enter
into such
1047
other contracts and agreements as the
Board of
1048 Commissioners may approve.
1049 3. Membership
1050 The Board shall be appointed by the Board of
1051 Commissioners, and shall consist of seven members. Said
1052 members shall be appointed from the following groups or
1053 classes:
1054 (a) Three citizens -at -large; and
1055 (b) Four experts whose primary field of employment
1056 or area of expertise in any of the following: engineer.,
1057 real estate developer, architect, finance, real estate
1058 sales, water and air quality, surveyor, land planner or
1059 landscape architect.
1060 4. Terms
1061
Three members of
the Board shall
be appointed for an
1062
initial term
expiring
, and four members
1063
of the Board
shall be
appointed for an
initial term expiring
1064
Thereafter each
term shall be for a
1065
period of
four
years and
shall expire on
1066
Each member
shall serve until a
• 1067
successor is
appointed. Vacancies shall be filled by the
26

1068 Board of Commissioners by appointment for the duration of any
• 1069 unexpired term. No person may be appointed to serve more
1070 than two consecutive terms.
1071 5. Chairman
1072 The Board of Commissioners shall appoint one of the
1073 members of the Board to serve as Chairman. The initial term
1074 of the Chairman shall be through
1075 Thereafter, the Board of Commissioners shall appoint the
1076 Chairman for a period of two years to expire
1077 No member may be appointed to
1078 serve more than two consecutive terms as Chairman. A vacancy
1079 in the position of Chairman shall be filled by appointment of
1080 one of the members of the Board by the Board of Commissioners
1081 to fill the unexpired term.
1082
The Board shall select its own Vice -Chairman to preside
1083
or act in the event of the absence or incapacity of the
1084
Chairman. The provisions of the preceding paragraph with
1085
respect to the term and succession of the Chairman shall also
1086
apply to the Vice -Chairman.
1087
6. Meetings
1088
The Board shall establish a regular time and place to
1089
meet, provided that it shall meet at least once a month.
1090
•
Either the Chairman or Vice -Chairman may call special
1091
meetings as he deems necessary upon two days actual notice,
1092
oral or written. A quorum of the members of the Board must be
1093
present in order to transact business, and a majority of the
1094
members shall constitute a quorum. All meetings shall be
1095
open to the public.
1096
7. Attendance at Meetings by Board Members
1097
If any member is absent from three consecutive regular
1098
meetings which are unexcused by the Chairman of the Board,
1099
then said Chairman shall notify the Board of Commissioners.
1100
Upon receipt of said notification, the Board of Commissioners
1101
may declare a vacancy on the Board and may appoint a new
1102
member for the remainder of the term.
•
1103 8. Conflicts by Board Members
1104 Any Board member shall be disqualified from considering,
1105 reviewing, or voting on any proposed subdivision in which he
1106 has a direct or indirect interest. A member may be
1107 disqualified only by Board action in which the member whose
1108 qualification is in question shall not vote.
27

1109
9. Voting
• 1110
All actions of
the Board shall be upon majority vote of
1111
the members present
at the meeting who are
qualified to vote
1112
thereon.
1113
10. Appointments
1114
The following persons are appointed to
the Board for the
1115
term and group indicated:
1116
Name
Term Expiring.
Group or Class
1117
1118
1119
1120
1121
1122
1123
• 1124
is hereby appointed
as the initial
1125
Chairman of the Board.
1126
ARTICLE VII
1127
LEGAL PROVISIONS
1128 1. Criminal and Civil Procedures
1129 From the effective date of this Ordinance, any person
1130 who, being the,owner or agent of the owner of any land located
1131 within the jurisdiction of this Ordinance, either subdivides
1132 his land in violation of this Ordinance or transfers or sells
1133 land by reference to, exhibition of, or any other use of a
1134 plat showing a subdivision of the land before the plat has
1135 been approved and recorded pursuant to this Ordinance, shall
1136 be guilty of a misdemeanor and shall be subject to a fine
1137 and/or imprisonment as provided in North Carolina General
1138 Statute 14-4.
1139 The County may enjoin any subdivision, transfer, or sale
1140 of land not made in compliance with this Ordinance.
28

1141 The description by metes and bounds in the instrument of
1142 transfer or other document used in the process of selling or
• 1143 transferring land shall not exempt the transaction from this
1144 Ordinance.
1145 2. Separability
1146 Should any section or provision of this Ordinance be
1147 found by a court of competent jurisdiction to be
1148 unconstitutional or invalid, such decision shall not affect
1149 the validity of the Ordinance as a.whole or any part thereof
1150 other than the part so found to be unconstitutional or
1151 invalid.
1152 3. Registration of Ordinance
1153 In accordance with Article 153A-332 of the General
1154 Statutes of North Carolina, the Board of Commissioners shall
1155 file a copy of this Ordinance for registration with the ,
1156 Register of Deeds for Craven County.
1157 4. Abrogation
1158 This Ordinance shall neither repeal, abrogate, annul,
1159 impair, not interfere with any existing subdivisions, the
1160 plats of which are properly recorded in the Office of the
1161 Register of Deeds prior to the effective date of this
• 1162 Ordinance nor with existing easements, covenants, deed
1163 restrictions, agreements, or permits previously adopted or
1164 issued pursuant to law prior to the effective date of this
1165 Ordinance.
1166 5. Effect on Existing Legislation
1167 Where this Ordinance conflicts with existing ordinances,
1168 statutes, or regulations effective in the jurisdiction of
1169 this Ordinance and enacted by the County, State, or Federal
1170 governments or their agencies, then the ordinance, statute,
1171 or regulation requiring the higher standard shall apply.
29

1172 6. Effective Date
1173 This Ordinance shall become effective immediately upon
1174 its adoption.
1175 BOARD OF COMMISSIONERS FOR THE
1176 COUNTY OF CRAVEN
1177 By:
1178 Chairman
1179 APPROVED AS TO FORM:
1180
1181 County Attorney
1182 DATE:
•
41
30

C
APPENDIX B: APPROVAL OF WATER AND SEWAGE DISPOSAL SYSTEMS
SYSTEM
WATER SYSTEMS
SANITARY SEWER SYSTEMS
TYPE
DEFINITIONS
REGLUMM AGENCY
DEFINITIONS
REGULATORY A i
Individual
Any well, spring,
Craven County Health
Any septic tank
Craven County Health
Systems
stream or other
Departmnt.
or privy serving
Department.
source used to
supply a single
a single source
with an effluent
connection.
discharge of less
than 3,00.0 gal.
per day.
Ccanmmity
Any water system
Craven County Health
Any package plant
Division of Environ-
Systems
serving from two
DeparbTent.
or other sewage
mental Management, NC
to nine connec-
treatment facility
Department of Natural
tions, inclusively.
which serves sources
j
and Economic Resources.
not on septic tanks
Any water system
Environmental Health
or not connected to
serving greater
Section, Division of
a public system.
than nine connec-
Health Services, N. C.
tions but not
Department of Human
owned or operated
Resources.
'
by any govern-
mental body.
Public
Any water system
Governing body operat-
Any sewage disposal
Governing body operat-
Systems
owned and operated
ing said system,
system owned and
ing said system.
by Craven County,
Environmental Health
operated by Craven
Division of Envi-ronmen-
any municipality,
Section, Departmnt of
County, any muni.cipalit
tal Management, N. C.
or water di.st.rict.
Human Resources.
or sanitary sewage
Department of Natural
districts.
and Economic Resources.
s

9
APPENDIX C: PRELIMINARY APPLICATION FORM
Identification:
Subdivision Name
Subdivider's Name
Date Submitted
Address
Telephone
Location:
The following information is related to the entire tracts owned and/or
expected to be developed in the vicinity by the subdivider:
Tracts to be developed:
Deed Reference(s)
Tax Reference(s)
Size of tract(s)
Residential Industrial
Commercial Public or Community
Other: Specify Facilities
Describe each (include acreage, t pical lot size(s), and the extent to which
the subdivider intends to develop.
3. To be developed in stages? No Yes
If yes, describe initial stage.
Area to be developed acres Number of lots
Typical lot size
Proposed development
4. Expected Method of Water Supply Expected Method of Sewage Collection
Public Source Public Source
Community # Connections Community # Connec-
Individual Individual tions
5. Expected Method of Street Access
Existing Public Street
New State Maintained Street(s)
New Municipal Street(s): Municipality
Private Residential Street(s)
Approximate linear feet of new streets to be expected in intiial stage:
6. Amount of land to be disturbed in initial stage:
1kf-
57

7. Describe any potential hazard areas: ,
Flood Plain
Slide Area
Highly Erodable Soils
Poorly Drained Areas
Other
I hereby certify that the above information is accurate:
Signed:
Subdivider
COMMENTS:
58
El

APPENDIX D: PRELIMINARY SITE PLAN CHECKLIST
The following information shall be contained in the preliminary site
plan prior to consideration by the Board:
NAME OF SUBDIVISION
LOCATION
SUBDIVIDER
SURVEYOR
ENGINEER
CHECKLIST:
A. Base Information:
Date Submitted
ADDRESS
TEL.
ADDRESS
TEL.
ADDRESS
TEL.
Title Block - Subdivision name, subdivider's name and address, North
Arrow, scale (min. 1"=200') denoted graphically and numerically, date
of plat preparation, and township, county, and state in which subdivision
is located.
_ The boundaries of the tract or portion thereof to be subdivided, distinctl
and accurately represented with all bearings and distances shown.
Property lines and owner's names of adjoining properties and/or
adjoining subdivisions of record.
Significant natural features including wooded areas, marshes, major rock
outcrops,.ponds or lakes, streams, or other natural features affecting
the site.
Existing physical features including buildings, railroads, easements,
bridges, culverts, storm drains, streets, power lines, or utility
lines both on the land to be subdivided or immediately adjacent to
said land which will either effect or be effected by said subdivision.
Topographical contour lines at five foot elevation intervals.
B. Proposed Lot Layout:
.Proposed lot and street right-of-way lines, building setback lines,
easements, lot and block numbers, approximate dimensions, designation of
any dedications or reservations to be made, and proposed use of land if
other than single family residences.
C. Proposed Street Layout:
Sketch view of proposed streets showing pavement widths, curbing if any,
street names with location of street sign, and proposed street names.
-M

„
D. Proposed Sewerage and Water System:
Sketch view of proposed water distribution system, if any, and sanitary
sewerage system if any. Sketch should show approximate line sizes,
approximate location of any wells, man holes, fire hydrants, or,. -
treatment facilities, and location of connections with existing systems.
E. Proposed Drainage System:
Sketch view of any drainage facilities including any open drainageways,.
storm sewers, culverts, retaining ponds, or areas where water is. to be
diverted through grading. Sketch should show approximate dimensions
of any facilities.
F. Other Improvements:
Proposed location and description of any other improvements including,
but not limited to, riding trails, sidewalks or pedestrian ways, .
reserved open space or recreational facilities, school sites, commercial
areas, or buffer strips.
60

® APPENDIX E: GENERAL DEVELOPMENT PLAN CHECKLIST
The following information shall be included with the general development
plan prior to consideration by the Board:
NAME OF SUBDIVISION DATE SUBMITTED
LOCATION ADDRESS TEL.
SUBDIVIDER ADDRESS TEL.
SURVEYOR ADDRESS TEL.
ENGINEER ADDRESS TEL.
CHECKLIST:
A. Site Plan:
A final site plan containing all information required in Appendix D
substantially conforming to the approved preliminary site plan where
said plan was required. All improvements to be shown with final
dimensions.
B. Sewer and Water Plans:
Final plans and specifications containing all data, calculations, and
information required by the appropriate agencies (See Appendix B)- and
necessary to construct said systems.
C. Street Plans:
Final plans and specifications for the proposed street system containing
all data, calculations, and information required by D.O.T. or the
County Engineer and necessary to construct said street.
D. Storm -Drainage:
_ A final drainage and sedimentation plan containing all data, calculations,
and information required by appropriate State of local officials or
necessary to describe a drainage system which can meet the objectives
set forth in Article 3 Sections 5 and 6 of this Ordinance.
E. Environmental Impact Statement:
An Environmental Impact Statement, if required, pursuant to Article 5
Section 4.01 of this Ordinance.
F. Certificates:
(Submitted where required, prior to Board approval - See Article V Z
1. Sewer and Water System -- signed by appropriate officials,
2. Public Streets - signed by District Engineer of D,O,T,
3. Municipal Streets signed by appropriate municipal official,
4. Erosion and Sedimentation Control - signed by approprl'ate offtci�ls,
61

APPENDIX F: FINAL PLAT CHECKLIST
The following requirements must be met prior to any review of the final
plat by the Board:
CHECKLIST:
ADMINISTRATIVE REQUIREMENTS
Notice that improvements guarantee has been accepted or certification
of improvements has been granted;
Submitted within twelve (12) months of general development plan approval,
unless written extension is granted by the Board;
Final plat is either 15 by 20 inches or 20 by 30 inches and is a scale
of at least 1" = 2001;
Five (5) copies submitted; 1 reproducible, 4 copies;
NAME OF SUBDIVISION
LOCATION
Ob1NER
SURVEYOR
Date Final Plat Submitted
Date General Development Plan Approved
ADDRESS
ADDRESS
TEL.
TEL.
The following information must be submitted with, or be contained in, the
Final Plat prior to consideration by the Board:
Subdivision name, North Arrow, scale denoted graphically and numerically,
date of plat preparation, and township and county and state in which the
subdivision is located;
The exact boundary lines of the tract to be subdivided fully dimensioned
by lengths and bearings, and the location of intersecting boundary lines
of adjoining lands;
The names and deed references of owners of adjoining properties and adjoining
subdivisions of record (proposed and under review);
All visible and apparent rights -of -way, watercourses, utilities, roadways,
and other such improvements shall be accurately located where crossing. o•r
forming any boundary line of the property shown, and locating offset or
traverse lines shall be plotted in broken lines with azimuths or courses
and distances shown on the map;
62

•
0
Sufficient engineering data to determine readily and
reproduce on the ground every straight or curved
boundary line, street line, lot line, right-of-way line,
easement line, and setback line, including dimensions,
bearings, or deflection angles, radii, central angles,
and tangent curved property lines that are not the
boundary of curved streets;
The accurate locations and descriptions of all monument
markers, and control points;
The blocks numbered consecutively throughout the entire
subdivision and the lots numbered consecutively
throughout each block;
Street names and right-of-way lines of all streets and
the location and width of all adjacent streets and
easements. Designation shall be made as to whether said
streets are to be designated as public or private; if
the street is designated as a private street, the
developer and seller shall include in the disclosure
statement an explanation of the consequences and
responsibility as to maintenance of a private street and
shall fully and accurately disclose the party or parties
upon whom responsibility for construction and
maintenance of such street or streets shall rest and
shall further disclose that the street or streets will
not be constructed to minimum standards, sufficient to
allow their inclusion on the State Highway System for
maintenance in compliance with North Carolina General
Statute 136-102.6.
The location and dimensions of all rights -of -way,
utility or other easements, riding trails, natural
buffers, pedestrian or bicycle paths, and areas to be
dedicated to public use with the purpose of each
stated;
The name(s), address(s) and telephone number(s) of the
owner(s), registered surveyor(s), responsible for the
subdivision and the registration numbers) and seal(s).
of the registered surveyor(s).
REQUIRED CERTIFICATES
Certificate of Survey and Accuracy
Surveyor:
Date
*Certificate of Completion
Subdivider;
63
signed by the
and Warranty signed by the

. Date
*Certificate of Dedication and Maintenance signed by the
Subdivider;
Date
*Certificate of Improvements signed by the Director of
Public Safety;
Date
Certificate of Approval of the Final Plat signed by
Chairman of the Board.
Date
(*To appear on Final Plat if improvements are completed prior
to
final plat review or as separate document if guarantees are
used.)
See 3B Supp. of N.C.G.S.
40
63(a)

APPENDIX G: ADMINISTRATIVE FORMS
1. Certificate of Improvements
2. Certificate of Completion and Warranty
3. Certificate of Dedication and Maintenance
4. Improvements Guarantee Agreement
5. Performance Bond
6. Irrevocable Letter of Credit
7. Certificate of Ap roval of Water Supply a6 Sewage
Disposal System(s�
8. Certificate of Survey and Accuracy
9. Certificate of Approval by Division of Highways
(public streets)
1. CERTIFICATE OF IMPROVEMENTS
The following improvements have been completed by
name of su ivi er
in Subdivision.
List Completed Improvements:
Said improvements have been inspected by my office, have been built according
to the standards set forth in the Craven County Subdivision Ordinance and are
constructed as prescribed by the approved General Development Plan. To my
knowledge said improvements (contain no defects) (contain only the following
minor defects) and should be approved.
List any known defects:
Date
Director of Public Safety for the
County of Craven
2. CERTIFICATE OF COMPLETION AND WARRANTY
The undersigned certifies that he is an officer, to -wit: the (title of Officer)
of (name of corporation) , a corporation, and that he has been
authorized to execute this Certificate pursuant to authority granted by resolutic
of the Board of Directors of (name of corporation) copy of which
resolution is attached hereto.
(name of corporation) , through the undersigned, hereby certifies that
the following improvements required under the authority of the Craven County
Subdivision Ordinance have been installed as specified by the approved General
Development Plan for' Subdivision and
that said improvements are in compliance with the minimum standards specified
by said Ordinance and by the Craven County Subdivision Review Board for the
construction of said improvements:
64

List Completed Improvements:
• (name of corporation) , through the undersigned, further certifies
that VC knows of no defects from any cause and will fully warrant said
improvements to be free from defects in material and workmanship for a
period of one year from this date. In the event defects are discovered
in any of said improvements during said period, (name of corporation)
will replace and/or repair the defective improvements at its own expense.
(name of corporation)
Attest: by:
Secretary
Date:
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
I'
County certify at Notary Public of said State and
thme this day and acknow edg•personally came before
ed tat she is
Secretary of , a corporation, and that, by
authority duly given and as the act of t e corporation, the foregoing
instrument was signed in its name by its
President, sealed with its corporate seal, and atte',LeQ by self
as its Secretary.
Witness my hand and notarial seal, this the day of
19
My Commission Expires: Notary Public
(This certificate may be appropriately modified for execution by a subdivider
who is not incorporated.)
65

3. Certificate of Dedication and Maintenance
The undersi ned certifies that he is an officer, to -wit: the title of
QW Officer of (name of corporation) , a corporation, an
that he has been authorized to execute this Certificate pursuant to authority
granted by resolution of the Board of Directors of (name of
corporation) copy of which resolution is attached hereto.
(name of corporation)' , through the undersigned hereby certifies
that all property and improvements described on the final plat for
Subdivision are owned by (name of corporation
and are free of any encum rances or liens except as follows:
List any encumbrance or lien:
(name of corporation) , through the undersigned, freely dedicates
all required rights -of -way, easements, streets, utilities, open space, and
other improvements to public or private use as noted on said Final Plat and
freely establishes minimum building setback lines as required by the Craven
County Subdivision Ordinance. (name of corporation
further (assumes full responsibility for) (has made arrangements suita e
to the Craven County Subdivision Review Board for) the maintenance of said
improvements which (assumption of responsibility) (arrangements) shall
remain in effect until such time as said improvements are accepted for
maintenance by an appropriate public body.
(name of corporation
. BY
Attest:
Secretary
Date:
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
I, Notary Public of said State and
County certify that personally came
before me this day and acknowledged that she is
Secretary of a corporation,
and that by authority duly given and as the act of the corporation,
the foregoing instrument was signed in its name by its
President, sealed with its corporate seal, and attested by self
as its Secretary.
Witness my hand and notarial seal, this the day of ,
19
Notary Public
My Commission Expires:
(This certificate may be appropriately modified for execution by a subdivider
who is not incorporated.)
M.

4. Improvements Guarantee Agreement
STATE OF NORTH CAROLINA
AGREEMENT
COUNTY OF CRAVEN
THIS AGREEMENT MADE AND ENTERED INTO this the day of ,
19 by and between (Subdivider) ,
hereinafter known as "the Subdivider", and the Craven County Subdivision Review
Board, hereinafter known as "the Board", which Board is also a duly constituted
agency of the County of Craven.
WITNESSETH:
WHEREAS, the Subdivider is attempting to secure from the Board approval
of a Final Plat of a proposed subdivision to be.known as the
Subdivision to be located in Craven County, North Carolina; and
WHEREAS, a County ordinance entitled Subdivision Ordinance for. the County
of Craven, as adopted by the Board of Commissioners for the County of Craven
on the day of 19_________., Cand as subsequently, amended)_,
requires the completion of certain improvements prior to Final Plat approval
by the Board; and
WHEREAS, said Ordinance also allows the Board, at its discretion, to permit
the Subdivider to (post a surety bond) (deposit cash or other instrument readily
convertible into cash at face value), with the County of Craven through the
Board to guarantee the completion of said required improvements; and
WHEREAS, the Board desires to approve said Final Plat and, in lieu of
requiring completion of all improvements prior to said approval, will accept
from the Subdivider the filing of a Csurety performance bond with—''.
Company as surety) (letter of credit from the
Bank) (other) to guarantee and secure completion of
said improvements.
IT IS THEREFORE, AGREED AS FOLLOWS:
1. The Subdivider will, on or before the day of
19 complete as required the following improvements in the ' '
Subdivision:
(here detail all improvements to be completed)
67

2. The Subdivider shall file with the County of Craven through the Board
a (enter here the type of document to be filed) securing and guarantee-
ing completion of said improvements by the required date; and
3. When the (enter here the type of document to be filed) is filled and
other requirements of said Ordinance are met, then the Board will approve the
Final Plat of the Subdivision.
The Craven County Subdivision Review Board has, by appropriate Board action,
caused this Agreement to be executed by its Chairman or other authorized member
and attested by the Clerk to the Board, and the (name of company)
has, by appropriate action of its Board of Directors, caused this Agreement to
be executed by its and attested by its
Secretary under corporate seal, this the day of
19
Craven County Subdivision Review Board
By
Chairman
Attest:
Clerk to the Board
(name of corporation)
By
President
Attest:
Secretary

STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
I, Notary Public for said State and County
certify that personally came before me this day and
acknowledged that (s)he is Secretary of ,
a corporation, and that authority duly given and as the act of the corporation,
the foregoing instrument was signed i.n its name by its
President, sealed with its corporate seal, and attested by self as its
Secretary.
Witness my hand and notarial seal, this the day of ,
19
Notary Public
My Commission Expires:
(This Agreement may be appropriately modified for execution by a Subdivider who is not incorporated.)
69

5Performance Bond
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS that we,
(name of Subdivider) as Principal, and
(the name of the Bonding Company) as surety, are held and firmly
bound unto the County of Craven, a political subdivision of the State of
North Carolina, and a body politic and corporate, in the sum of $ ,
lawful money of the United States of America, for the payment of which, well
and truly to be made, we, and each of us, bond ourselves and each of us, our
successors and assigns, jointly and severally, by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:
WHEREAS, the Principal has submitted a Final Plat of the subdivision
- known as
Subdivision, located in Craven
County, North Carolina, for approval by the Craven County Subdivision Review
Board, an agency of the County of Craven, which approval is a condition precedent
to the right of said Principal to have said final plat registered in the Office
of the Register of Deeds for Craven County; and
WHEREAS, the Craven County Subdivision Review Board is unable, pursuant
to County ordinance, to approve said plat of said Subdivision for registration
until all required improvements are completed or until a guarantee of comple-
tion of said required improvements is filed with the County of Craven through
said Subdivision Review Board; and
WHEREAS, the Craven County Subdivision Review Board and the Principal
have this date entered into an Agreement by which said Board will approve
Principal's final plat for the Subdivision
70

prior to the completion of required improvements, and the Principal has agreed
to file a r Su ety Bond in the amount of $ securing to the. County
of Craven, through said Board, the actual completion of said required.improve-
ments on or before the day of 19 which Agree-
ment is attached hereto as Exhibit A and made a part hereof; and
WHEREAS, the improvements required and agreed to be completed are set forth
in said Exhibit A.
NOW THEREFORE, if the Principal shall fully comply with all the terms
hereof, including the requirements of that Agreement attached hereto as Exhibit
A and by which the Principal agrees to complete certain improvements on or
before the day of 19 , then this obligation shall
be null and void; otherwise, it shall remain in full force and effect.
IN WITNESS WHEREOF the said Principal and Surety have hereunto set their
• = hands and seals this the day of 19 .
Principal
By (SEAL)
President
Attest:
Surety
(SEAL)
Attorney -in -Fact
(Power of Attorney attached)
71

6. Irrevocable Letter of Credit
' w
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
Name of Bank
IRREVOCABLE LETTER OF CREDIT
NO.
Address: (including branch, if any)
Date:
TO: THE COUNTY OF CRAVEN
c/o BOARD OF COMMISSIONERS FOR
THE COUNTY OF CRAVEN
CRAVEN COUNTY COURTHOUSE
NEW BERN, NORTH CAROLINA 28560
Commissioners:
We hereby open our irrevocable credit in your favor available by your
drafts at sight on us for a sum not exceeding $ for the account
of hereinafter know as "Customer". When presented
for negotiation, drafts must be accompanied by the signed statement of the
Chairman of the Craven County Subdivision Review Board that drawing is due
to default or failure to perform by Customer, the following improvements in
the Subdivision on or before the day of
19
(Here list the required improvements)
The term of this irrevocable credit is either through and including the
day of 19 or upon written notice from the
Chairman of the Craven County Subdivision Review Board that the required
improvements have been timely completed, whichever is earlier.
Acting through the Chairman of the Craven County Subdivision Review
Board, you will notify us when either of the following occurs:
72

1. The required improvements have been timely completed and the
credit may be released; or
2. The Customer has failed to perform or is in default thereunder.
All drafts drawn -hereunder must be marked as follows:
The amount of any draft drawn under this credit must, concurrently with
negotiation, be endorsed on the reverse side hereof, and the presentment of
any such draft shall be a warranty by the negotiating band that such endorse-
ment has been made.
This Letter of Credit shall be transferrable and/or assignable.
This Letter of Credit, except as otherwise expressly provided herein, is
governed by the Uniform Commercial Code in force in the State of North Carolina
on the date hereof.
Very truly yours,
Name of Bank
By:
Authorized Signature
73

7. Certificate of Approval of Water Supply and Sewage Disposal System
I hereby certify that the water supply and sewage disposal systems
(installed) (proposed for installation) and specified on the General -
Development Plan for Subdivision
meet all pertinent State and local requirements and are hereby approved.
o be signed y the appropriate State
or local official(s) - See Appendix 6)
Agency
DATE:

I
0
0
0
8. Certificate of Survey and Accuracy
(For purposes of this Ordinance, the following shall constitute substantial
compliance -with North Carolina General Statute 47-.30, as amended.)
I hereby certify that this map was (drawn by me) (drawn under my super-
vision) from (an actual survey made by me) (an actual survey made under my
supervision) (a deed description recorded in the Office of the,. Register of
Deeds for Craven County in Deed Book at page. Deed Book
atpage_, etc.) (other); that the error of closure as calculated by
latitudes and departures is 1: that the boundaries not surveyed are
shown as broken lines plotted from information found in deed descriptions
recorded in said Register's Office in Deed Book at page that
this map was prepared in accordance with N. C. G.S. 47-30, as amended.
Witness my hand and seal this the day of Ij
19
Registered Surveyor or Professional
Engineer
�Icense or Registration Number
75

9. Certificate of Approval by Division of Highways
Public Streets
The form for this'Certificate'is provided by a District Engineer of the
Division of Highways of the North Carolina Department of Transportation.