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Home My WebLink AboutSubdivision Ordinance-1987IiEFTFORD COUNTY lease do not remove!!!!! -- Division of Coastal Management 1r59 SUBDIVISION r b. PREPARED FOR THE COUNTY OF HERTFORD, NORTH CAROLINA BOARD OF COMMISSIONERS Howard Hunter, Jr., Chairman Claude M. Odom, Vice -Chairman Ronald G. Baker David F. Thompson, County Manager PLANNING BOARD James Weibley, Chairman Richard Flood Harvey Jones, Jr. Wilbur Pierce Donald C. Craft Stanley E. Dixon Charles Pierce, Jr. W. W. Edwards, Jr. R . C . Kennington Wayland Mitchell, Building Inspector Jane E. Godwin, Administrative Assistant Charles L. Revelle, III, Attorney to the Board Date: June 27, 1987 Price: $5.00 The preparation of this 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 administered by the Office of Ocean and Coastal Resource Manage- ment, National Oceanic and Atmospheric Administration. i TABLE OF CONTENTS PREFACE.................................................................. i ARTICLEI................................................................ 1 INTRODUCTORY PROVISIONS Section 1. Title Section 2. Authority and Purpose Section 3. Violations Under Existing Subdivision Ordinance Section 4. Jurisdiction Section 5. Separability ARTICLEII............................................................... 3 INCLUSION AND EXCEPTIONS Section 1. Definition of Subdivision Section 2. Plats Not Subject to Regulation ARTICLEIII.............................................................. 5 DEFINITIONS Section 1. General ARTICLEIV............................................................... 9 LEGAL PROVISIONS Section 1. Duty of Grantor and Grantee of Deed Section 2. Duty of Register of Deeds Section 3. Duty of Clerk of Court Section 4. Penalties for Violation Section 5. Separability Section 6. Variances Section 7. Amendments Section 8. Effect of Plat Approval on Dedications Section 9. Administrator Section 10. Effective Date ARTICLEV............................................................... 15 IMPROVEMENTS REQUIRED AND MINIMUM STANDARDS OF DESIGN Section 1. General Section 2. Improvements Installation Section 3. Lot Design Standards Section 4. Utilities Section 5. Sedimentation and Erosion Control Section 6. Blocks Section 7. Roadway Improvements Section 8. Easements Section 9. Permanent Reference Points Section 10. Recreational Facilities ARTICLE VI............................................................... 30 SUBDIVISION REVIEW PROCESS Section 1. Sketch Plan Review Section 2. Preliminary Plat Review Section 3. Final Plat Review ARTICLE VII.............................................................. 44 CERTIFICATES TO BE APPLIED TO FACE OF PLAT Section 1. Preliminary Plat Section 2. Final Plat PREFACE A WORD TO THE DEVELOPER Any property owner, real estate agent, or builder who anticipates subdividing land in Hertford County shall become familiar with these regu- lations. They have been designed and drawn up to achieve equal, impartial treatment for all, and to provide clean-cut procedures for the preparation, submission and the approval of subdivision plans. The Planning Board en- courages any and all developers to retain a qualified technician such as a land planner, landscape architect, engineer, surveyor, etc., to prepare the plan. This recommendation is made by the Board because it is important that a person subdividing land possess the necessary skill and imagination to produce the best design under given conditions. TO AVOID DELAYS 1. Read thoroughly the material found in this Ordinance. 2. CONSULT the Hertford County Building Inspector before proceeding with subdivision plans concerning land use of property and unan- swered questions. 3. Make sure that the design of the subdivision meets the mini- mum standards of this Ordinance. 4. Submit all items as required when presenting a preliminary or final plat to the Planning Board for approval. 5. Submit plan no later than the prescribed date if consideration of the plat is expected at the next regularly scheduled meeting of the Plan- ning Board. i ARTICLE I - INTRODUCTORY PROVISIONS SECTION 1. TITLE This Ordinance is entitled Subdivision Ordinance for Hertford County, North Carolina, and may be cited as the Subdivision Ordinance. SECTION 2. AUTHORITY AND PURPOSE This Ordinance is adopted pursuant to Chapter 153A, Article 18, of the General Statutes of North Carolina for the purpose of establishing procedures and standards for the development and subdivision of land within the limits of jurisdiction of Hertford County in order to promote the public health, safety and general welfare of the County. This Ordinance is designed to lessen congestion of the streets and highways; to further the orderly layout and use of land; to insure proper legal description and proper monumenting of sub- divided land; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land and avoid undue concentration of population; to facilitate adequate provisions for transporta- tion, water, sewerage, schools, parks, playgrounds, and other public re- quirements; and to help conserve and protect the physical and economic re- sources of Hertford County and its environs. SECTION 3. VIOLATIONS UNDER EXISTING SUBDIVISION ORDINANCE All suits at law or in equity and/or all prosecutions resulting from the vio- lation of any subdivision ordinance heretofore in effect, which are now pend- ing in any of the courts of this State or of the United States, shall not be abated or abandoned by reason of the adoption of this Ordinance, but shall be prosecuted to their finality the same as if this Ordinance had not been f' -1- adopted, and any and all violations of the existing ordinance, prosecutions for which have not yet been instituted, may be hereafter filed and prosecut- ed; and nothing in this Ordinance shall be so construed as to abandon, abate, or dismiss any litigation or prosecution now pending and/or which may heretofore have been instituted or prosecuted. SECTION 4. JURISDICTION This Ordinance shall govern all subdivisions of land lying within Hertford County except land within the subdivision jurisdiction of any municipality, unless such municipality shall have by resolution formally requested the County to enforce this Ordinance within the municipality's jurisdiction. SECTION 5. SEPARABILITY If any court of competent jurisdiction finds that any provision of this Ordi- nance is invalid or unenforceable, the invalidity or unenforce ability of any particular provision of this Ordinance shall not affect the other provisions hereof, and this Ordinance shall be construed in all respects as if such invalid or unenforceable provisions were omitted. I ARTICLE II - INCLUSIONS AND EXCEPTIONS SECTION 1. DEFINITION OF SUBDIVISION A "subdivision" means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or build- ing development (whether immediate or future) and includes all divisions of land involving the dedication of a new street or a change in existing streets; however, the following shall not be included within this definition nor be subject to the regulations authorized by this Ordinance: (a) The combination or recombination of portions. of previously subdivided and recorded lots if (1) the total number of lots is not increased and (2) the resultant lots are equal to or exceed the standards of the County, as required by this Ordinance; (b) The division of land into parcels greater than ten (10) acres if no street right-of-way dedication is involved; - (c) The public acquisition by purchase of strips of land for widen- ing or opening streets; (d) The division of a tract into no more than four (4) parcels; following the conveyance of the third parcel from a tract, any further con- veyances from this tract by the same owner (or by any of the same owners if in multiple ownership) shall be subject to the requirements of this Ordinance, unless the conveyances are excepted by one of the other subsections herein. For purposes of this subsection, conveyances made prior to November 16, 1987, shall not be considered in applying the limits of this subsection; (e) The division of a tract in multiple ownership among some or all of the owners. - 3 - (f) The division of a tract in which each of the resultant lots adjoin a public road which is part of the State Highway System maintained by the North Carolina Department of Transportation, provided that each such lot have a minimum road frontage of 100 feet and a minimum depth of 200 feet. (g) Lots or parcels of land that are part of an existing subdivi- sion, and which are shown on a plat which has been recorded in the office of the Hertford County Register of Deeds prior to the enactment of this ordi- nance. SECTION 2. PLATS NOT SUBJECT TO REGULATIONS However, plats in the above seven (7) categories, (a - g), shall have the stamp "THIS PLAT IS NOT SUBJECT TO SUBDIVISION APPROVAL" signed and dated by the County Building Inspector, or the Administrative Assistant to the County Building Inspector, or the Chairman of the Planning Board, before filing in the office of the Register of Deeds, in as much as a deter- mination must be made as to whether or not the resultant lots. ,are -.,'equal to or exceed the standards of the County as shown in this Ordinance. - 4 - ARTICLE III - DEFINITIONS SECTION 1. GENERAL For the purpose of this Ordinance, certain terms and words used herein shall be used, interpreted and defined as follows: Board of Commissioners - The Board of County Commissioners; County Board of Commissioners; the governing body of the County of Hertford, North Carolina. Building Setback Line - A line parallel to the front property line which establishes the minimum allowable distance between nearest portions of any building, steps, eaves, gutters, and similar fixtures, and the', street right-of-way line when measured perpendicularly thereto. CAMA _ The Coastal Area Management Act of 1974. Corner Lot - A lot which occupies the interior angle at :.the inter- section of two (2) street lines. The street line forming the least frontage shall be deemed the front of the lot except where the owner designates other- wise. Cul-de-sac - A short street having but one end open to traffic and the other end being permanently terminated and a vehicular turnaround provided. Dedication - A gift, by the owner, of a right to use land for stated purposes. A dedication may be made with a written instrument and is com- pleted with an acceptance. Disclosure Statement A statement' prepared and signed by the subdivider and the buyer of the subject real estate, fully and completely disclosing the status (whether public or private) of . the street upon which the lot fronts. The statement shall also- include an explanation of the - 5 - consequences and responsibility as to maintenance and construction of proposed roadways. Double Frontage Lot - A continuous (through) lot of the same depth as the width of a block containing two tiers of lots and which is accessible from both of the streets upon which it fronts. Easement - A grant by the property owner for use by the public, a corporation or person(s) of a strip of land for specific reasons. Lot - A portion of a subdivision or any other parcel of -land intend- ed as a unit for transfer of ownership or for development, or both. The word "lot" includes the word "parcel" or "plot". Lot of Record - A lot which is a part of . a subdivision, a plat of which has been recorded in the Office of the Register .of Deeds of Hertford 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. Official Maps or Plan (Land Development Plane or Comprehensive Plan) - Any maps or plans officially adopted by the County Board of Commis- sioners as a guide for the development of the County, . and CAMA LAnd Use Plans as mandated in coastal North Carolina counties. Person - An individual, firm, association, organization, or corpo- ration. Planning Board - The Planning Board of Hertford County. Plat - A map or plan delineating a tract or parcel of land to be subdivided, land to be dedicated for public use, or right-of-way for street or utility purposes. The word plat shall include the terms "map", "plot", and „plan". - 6 - Plat, Final - A map of subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications, acceptances and with complete bearings and dimensions of all lines defining lots and blocks, streets, public areas, and other dimensions of land, as prescribed by this Ordinance. - Plat, Preliminary - A map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land, as prescribed by this Ordinance. Private Roads or Streets - An area over which access, passage, or use is granted to owners of land within a subdivision, or to ` their. invitees. Private roads may be paved or unpaved, provided that an unpaved road shall meet applicable standards set forth in the North Carolina Department of Transportation's "SUBDIVISION ROADS MINIMUM CONSTRUCTION STAN- DARDS", excluding the requirement that the roads must be: paved. Private roads are not eligible for acceptance on the state highway system unless said streets are paved according to Department of Transportation standards, and unless all properties receiving access from the :. street consent to -.the road becoming public. Public Road or Streets - An area over which access, passage, or use is granted to all people. Public roads shall meet the applicable standards set forth in the North Carolina Department of Transportation's "SUBDIVISION ROADS MINIMUM CONSTRUCTION STANDARDS" including the requirement that the roads must be paved. Public roads shall be eligible , for acceptance on the state highway system. MM Reservation .- A reservation of .land not involving the transfer of property rights. It simply constitutes an obligation to keep property free from development for a stated period of time. Shall - The word "shall" is always mandatory and not merely direc- tory. Single Tier Lot - A lot which backs upon a limited access ',highway, a railroad, a physical barrier, or a non-residential use. and to which vehicular access from the rear is usually prohibited. Sketch Plan - A general drawing which may, but need not be, prepared by a surveyor or engineer, intended as the initial step in the subdivision review process. Structure - Anything constructed or erected, the use' of which requires more or less permanent location on the ground or which 1s attached to something having more or less permanent location on. the ground`..:" Subdivider - Any person, firm, or corporation who ;subdivides or develops any land deemed to be a subdivision as herein defined: Technical Committee - A committee appointed by the: Planning Board representing different areas of expertise, valuable to the field inspection of a subdivision. This committee will be made up of any number of persons the Board feels necessary to complete this review process. - 8 - ARTICLE IV - LEGAL PROVISIONS SECTION 1. DUTY OF GRANTOR AND GRANTEE OF DEED A plat must be prepared, approved, and recorded whenever the subdivision of land takes place, as defined in this Ordinance, unless the subdivision falls within one of the exceptions specified in Article II , Section 1. The'. owner of land shown on a subdivision plat submitted for recording, or his/her au- thorized agent, shall sign a statement on the plat stating whether : any land shown thereon is within the subdivision regulation jurisdiction of _:`Hertford County. SECTION 2. DUTY OF REGISTER OF DEEDS From the time that this Subdivision Ordinance is filed with the 'Register of Deeds of Hertford County, no subdivision plat of land, within_° -the : County's jurisdiction, may be filed or recorded until it has been submitted to and approved by the appropriate board or agency, as specified in this Ordinance, and until this approval is entered in writing on the face of the plat by the chairman or head of the board or agency. The Register of Deeds of ;Hertford County shall not file or record a plat of subdivision of land located within the territorial jurisdiction of Hertford County that has not been , approved in accordance with this Ordinance. SECTION 3. DUTY OF CLERK OF COURT The Clerk of Superior Court may not order or direct the recording of a plat where such recording would be in conflict with Article IV, Section.2. - 9 - i SECTION 4. PENALTIES FOR VIOLATION Any person who is the owner, or the agent of the owner, of any land located within the jurisdiction of Hertford County, who subdivides land regulated by this Ordinance without complying with all of the requirements of this Ordi- nance, or who transfer or sells land by reference to, exhibition of, or other use of a plat showing a subdivision of land before the plat has been properly approved under this Ordinance and recorded in the office of the Hertford County Register of Deeds, or who violates any provision of this Ordinance, is subject to the following penalties: A. Prosecution for committing a misdemeanor, under G.S. 14-4, pursuant to which the offender may be fined not more than fifty dollars ($50.00) , or imprisoned for not more than 30 days. B . A civil penalty in the amount of up to $50.00 per day to be recovered by the County. Violators shall be issued a written citation by the Building Inspector, which must be paid within thirty (30) days. The violator may appeal the penalty to the Hertford County Planning Board, at its next regularly scheduled meeting. If the penalty is upheld by the Planning Board, and the violator does not pay the penalty within thirty (30) days, the County may recover the penalty in a civil action in the nature of debt. Each day's continuing violation is a separate and distinct offense. C. Any appropriate equitable remedy issuing from a court of competent jurisdiction, including, but not limited to, an injunction against illegal subdivision, transfer or sale of land, and orders of abatement. It is not a defense to the County's application for equitable relief that there is an adequate remedy at law. D. When this Ordinance makes unlawful a condition existing upon or use made of real property, it may be enforced by injunction and order of - 10 - abatement, and the General Court of Justice has jurisdiction to issue such an order. When a violation occurs, the County may apply to the _ appropriate division of the General Court of Justice for a mandatory or prohibitory in- junction and order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property. The action shall be governed in all respects by the laws and rules governing civil } proceedings, including the Rules of Civil Procedure in general and Rule 65 in particular. In addition to an injunction, the court may enter an order of abatement as a part of the judgment in the cause. An order._ of. ,abatement may direct that buildings or other structures on the property be closed, demolished, or removed; that fixtures, furniture, or other movable property be removed from buildings on the property; that grass and weeds be cut; that improvements or repairs be made; or that any other action be taken that is necessary to bring the property into compliance with the Ordinance. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, .he may be. cited for con- tempt and the county may execute the order of abatement. If the County executes the order, it has a lien on the property, in the nature of a mechan- ic's and materialman's lien, for the costs of executing the order. The defen- dant may secure cancellation of an order of abatement by paying all costs of the proceedings and posting a bond for compliance with the order. The bond shall be given with sureties approved by the clerk of superior court in an amount approved by the judge before whom the matter was heard and shall be conditioned on the defendant's full compliance with the terms of the order of abatement , within the time fixed by the judge. Cancellation of an order of abatement does not suspend or cancel an injunction issued in conjunction with the order. E. This Ordinance may be enforced by any means allowed in the North Carolina General Statutes for a county to enforce its ordinances, as provided in G.S. §153A-123, or any successor statute. 7. Nothing in - this section shall be construed to limit the use of remedies available to the County. The County may seek to enforce this Ordinance by using any one, all, or a combination of remedies. Each day's continuing violation of this Ordinance is a separate and distinct offense. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does. not exempt the transaction from being a violation of the Ordinance. SECTION 5. SEPARABILITY Should any section or provision of this Ordinance be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. SECTION 6. VARIANCES Where, because of severe topographical or other conditions peculiar to the site, strict adherence to the provisions of this Ordinance would cause an unnecessary hardship, the County Board of Commissioners may, on recommen- dation of the Planning Board, authorize a variance to the terms of this Ordi- nance only to the extent that is absolutely necessary and not to an extent which would violate the intent of this Ordinance. Where a variance is recom- mended to the County Board of Commissioners, the reasons for such shall be - 12 - C _ noted in the minutes of the Planning Board meeting. Any variance must be granted prior to plat approval. SECTION 7. AMENDMENTS The Board of Commissioners may from time -to -time amend the terms of this Ordinance (but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Planning Board for review and recommendation. The Planning Board shall have thirty (30) days from the time the proposed amendment is submitted to it within which to submit its report. If the Planning Board fails to submit a report within ' the specified time, it shall be deemed to have recommended approval of the' amendment) . No amendment shall be adopted by the governing body until they have a public hearing on the amendment. Notice of the hearing shall be published in . a newspaper of general. circulation in the Hertford County area at least once a week for two (2) successive calendar weeks prior to the hearing. The initial notice shall appear not more than -twenty--five (25) nor less than ten (10) days prior to the hearing date. In computing the ten (10) day period, the date of publication is not to be counted, but the . date of the hearing is. SECTION 8. EFFECT OF PLAT APPROVAL ON DEDICATION The approval_ of a plat does not constitute or effect the acceptance by the county or the public of the dedication of any street or .other ground, public utility line, or other public facility shown on the plat and shall not be con- strued to do so. - 13 - SECTION 9. ADMINISTRATOR The holder of the office of the Building Inspector is hereby appointed to serve as Subdivision Administrator. SECTION 10. EFFECTIVE DATE This Ordinance shall take effect and shall supersede the Hertford County Subdivision Ordinance as adopted November 16, 1987, and shall be in force from and after June 27, 1988. Duly adopted by the Board of Commissioners of the County-, of Hertford, North Carolina, this the 27th day of June, 1988. ' ATTEST: (,..��s--�c�t� Chairman of the Board of Commis- sioners ARTICLE V - IMPROVEMENTS REQUIRED AND MINIMUM STANDARDS OF DESIGN SECTION 1. GENERAL Approval of the final plat by the Planning Board is subject to the,-'. subdivider having installed the improvements required in this Ordinance. Each subdivi- sion shall contain the improvements in Article V . A. Suitability of Land - Land subject to periodic flooding, irregu- lar drainage conditions, excessive erosion or topographical and other reasons unsuitable for residential use as determined by the appropriate board or agency, shall not be platted for residential use nor for any .other' use by a citizen that will continue or increase the danger to health, safety, or proper- ty unless the hazards can be and are corrected; however; a 'limited amount of land that is within an unsuitable zone may be included on a . plat :so long as sufficient area for building sites and improvements are included for each lot, and so long as the area of the unsuitable zone is disclosed to the buyer. The 100 year flood plan established for Hertford County: by FEMA and the State Building Code require certain elevations. B . Fill Areas - Areas that have been used for the, disposal of solid waste or liquid shall not be subdivided into commercial or residential building sites. This shall include those areas that have been, used for disposal of trash, demolition waste, chemical waste and other waste materials. Fill Areas can be accepted when using suitable soils as found in USDA Textural Classi- fications or in Unified Soil Classification Systems :for fill materials. Any appropriate soil test or load bearing test may be required by the Building Inspector. C. AECs - All lots, structures and utilities shall comply with the applicable Area of Environmental Concern (AEC) Standards, as amended, in - 15 - k accordance with the State Guidelines for AECs (15 NCAC 7H) pursuant to the `Coastal Area Management Act of .1974. D. Name Duplication - The name of the subdivision ..or street in the subdivision shall not duplicate nor closely approximate the name of an existing subdivision or street within Hertford County. i SECTION 2. IMPROVEMENTS INSTALLATION A. Completion of Improvements Prior to final plat submission or approval, the subdivider shall complete and dedicate in a manner satisfactory to-. the Planning Board all required improvements as specified either on the approved preliminary plat or on that portion of the approved preliminary plat which the.. subdivider pro- poses to record and develop at the time. The subdivider .shall certify the dedication of said improvements in accordance with Section 2, :B as shown below. B . Certificate of Dedication and Maintenance The certificate of dedication and maintenance. shall stipulate the following: 1. That all property and improvements Fare owned by the subdivider and free of any encumbrances or lien except as. enumerated; 2. That the subdivider has freely dedicated•. or' reserved all required right-of-way easements, streets, utilities, open 'spaces, or other improvements to public or private use as noted on the . ;approved preliminary plat and has freely established minimum building setback lines. A purchaser of a lot shown thereon accepts the lot subject to said dedication, reser- vations, and restrictions. - 16 - This certificate shall be filed with the final plat and forwarded to the Register of Deeds to be recorded. SECTION 3. LOT DESIGN STANDARDS A. General: The lot size, width, depth, shape and, orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.- B. Subdivisions Subject to Zoning Ordinance District. Regulations: Lots in subdivisions located within a district specified by the Zoning Ordi- nance shall meet and conform to all lot size, dimensions, and building' setback requirements of said zoning district. The Hertford County Zoning Ordinance is incorporated herein by reference. SECTION 4. UTILITIES All lots to be subdivided must be capable of being` served by on site wells and septic tank systems or public sanitary sewer arid. water facil- ities or private community water and sewage disposal systems approved by the appropriate state agency. A developer is not required to install such systems or facilities. A. Individual On Site Wells and Septic Tank Systems 1. Wells should be no closer than allowed by '_; the Health Department to any septic tank or filter field whether on _the same lot or another lot. 2. Water supply and sewage facilities. shall. .-comply with applicable State and County Public Health Laws;and regulations in all aspects not specifically mentioned in this Ordinance. - 17 - i 3. The subdivider, at his own expense, shall have the site investigated under the supervision of the County Health Department and shall present written proof to the Planning Board, or its appointed agent, that appropriate soil tests have been conducted and that each lot in the subdivi- sion not served by public water and public sewage disposal systems meets standards set by the County Health Department for individual waste supplies and individual sewage disposal systems. This action shall be taken prior to approval of the preliminary plat. B . Public Sanitary Sewer and Water Facilities or Private Communi- ty Sanitary Sewer and Water Facilities Upon submittal of a preliminary plat, plans and specifications shall be provided by the subdivider to the Building Inspector's Office show- ing necessary sanitary sewer lines, water mains and items accessory to each that lie wholly within the rights -of -way in the subdivisions. After approval of the preliminary plat and these plans and specifications by the Board of County Commissioners and applicable agencies, installation of the improve- ments by the subdivider can begin. The Building Inspector or his agent shall act as inspector to see that all the proper plans and specifications are faithfully carried out. Where existing sanitary sewer lines and water mains are within a reasonable distance, proposed sanitary sewer lines and water mains shall connect with the existing system in accordance with prescribed specifications. Where sanitary sewer lines and water mains are not within a reasonable distance, but plans have been formulated for their installation, the sanitary sewer lines and water mains may be required at the Board's dis- cretion. When sanitary sewer lines and water mains are not within a reason- able distance, and plans do not exist, the installation of such facilities will not be required. - 18 - The use of a private water or sanitary sewage disposal system approved by the Hertford County Health Department and other authorizing agencies will be permitted the subdivider. - The total cost of installation of any sanitary sewer and water distribution improvements and accessories is to be borne by the subdivider. Each deed describing a lot within a subdivision served by a private water or sanitary sewage disposal system shall state that the system is private in nature, and shall state the party or parties responsi- ble for maintenance of the system. C. Sanitary Sewer and Water Facilities for Subdivisions in Munic- ipalities Within the Jurisdiction of this Ordinance The subdivider shall install water and sewer utilities in keep- ing with County and Municipal specifications. The County or Municipality shall not provide water and sewer services to the subdivision unless the applicable specifications are adhered to. If connections to existing water and sewer services are desired by the subdivider, plans and specifications shall be furnished to the Town Manager and County Manager for the installation of necessary sanitary sewer lines, water mains and items accessory to each that lie wholly within the public right-of-way or established easement in the subdivision. .After ap- proval of these plans and specifications by the Town Manager or designee, County Manager ,and other authorizing state agencies, installation can begin under periodic inspection. The County Building Inspector or his agent shall act as inspector to see that all plans and specifications are faithfully carried out. County mains shall be installed to conform with and to tie into the County and Municipal system prior to the paving of any streets involved. The total cost of the sanitary sewer and water distribution improvements and accessories thereto designed to connect with and become a - 19 - part of an existing sanitary sewer or water distribution system is to be borne by the subdivider. SECTION 5. SEDIMENTATION AND EROSION CONTROL Persons engaged in land disturbing activities shall take all reasonable measure It to protect public and private property from damage by such activities. Land disturbing activities are defined in N.C. G.S. 113A-52 and may mean any use of land that results in a change in the natural cover or topography and that may change or contribute to sedimentation. When any land -disturbing activity is to be undertaken on a tract where more than one contiguous acre is to be uncovered, the subdivider shall notify the North Carolina Sedimentation Control Commission to determine whether a Sedimentation and Erosion Control Plan is required. Violators of the North Carolina Sedimentation and Pollution Control Act of 1973 (N.C. G.S. 113A-50 et seq) may be fined up to $100.00 per day for violations. SECTION 6. BLOCKS The lengths, widths, and shapes of blocks shall be determined with due regard to: provision of adequate building sites suitable to the special needs of the type of use contemplated; requirements as to lot sizes and dimensions; needs for vehicular and pedestrian circulation, control, and safety of roadway traffic; limitations and opportunities of topography; and convenient access to water areas. Blocks shall not be less than four hundred (400) feet, nor more than fifteen hundred (1,500), feet in length. - 20 - SECTION 7. ROADWAY IMPROVEMENTS A. Private Roads Access to lots or parcels formed by a tract of land constituting a subdivision may be served by a private road. A private road shall meet the present design and construction criteria as referenced in SUBDIVISION ROADS MINIMUM CONSTRUCTION STANDARDS, published periodically by the North Carolina Department of Transportation, excluding the requirement that the roads must be paved. The following shall be considered the acceptable minimum standards of design for private subdivision streets and in no case shall be less than those of the North Carolina Department of Transportation as referenced above. 1. Such road shall have a private right-of-way easement in width required by the North Carolina Department of Transportation. 2. Such road shall be graded and stabilized according to accepted policies of the North Carolina Department of Transportation. 3. The alignment of such road shall meet applicable stan- dards of the North Carolina Department of Transportation. 4. Street names which duplicate or are phonetically similar to existing street names in the county shall be prohibited. A proposed street which is in alignment with an existing street . shall bear the 'name of the existing street. Appropriate street name signs which meet the Division of Highways policies shall be installed by the developer at all street inter- sections. Stop and Yield traffic signs shall be installed by the developer at appropriate street intersections as required by the Division of highways. Any supplemental signs deemed necessary to safety and. welfare - 21 - i .s by the Planning Board shall also be required for installation. 5. The subdivider shall pave the first twenty-five (25) feet into the subdivision from a public road. 6. Subdivision Streets Disclosure Statement Each deed describing a lot within a subdivision served by a private road shall state that the road serving said lot is private in nature, and is not constructed to present standards of The North Carolina Department of Transportation for admission to the State Highway System, thus is not eligible for State maintenance, unless said roads are paved according to Department of Transportation standards, and. unless all properties receiving access from the road consent to the road becoming public. It shall reveal the party or parties responsible for maintenance and shall further state that Hertford County accepts no liability to provide any maintenance or improve- ment assistance for said road. In addition, a separate Subdivision Streets Disclosure Statement shall be executed by the developer . and initial buyer of the lot, and filed with the County Building Inspector. The Subdivision Streets Disclosure Statement shall set forth the qualifications hereinabove and contain an acknowledgement of the parties that they have read and under- stand those qualifications. 7. Certificate for Private Roads The developer shall obtain a certificate from a Registered Engineer, that the roads as constructed meet applicable standards set forth in the North Carolina Department of Transportation's Subdivision Roads Minimum Construction Standards, excluding the requirement that the roads must be paved. This certificate shall be filed with the County Building Inspector prior to the Planning Board's approval of the final plat for recordation. -22- j B. Public Roads Access to lots or parcels formed by a tract of land constituting a subdivision may be served by a public road. Public roads shall meet the present design and construction criteria as referenced in SUBDIVISION ROADS MINIMUM CONSTRUCTION STANDARDS, published periodically.: by the North Carolina Department of Transportation, including the requirement that the roads must be paved. The following shall be considered the acceptable minimum standard of design for new public subdivision streets, and in no case shall be less than those of the North Carolina Department of Transporta- tion as referenced above. 1. Such road shall have a public right-of-way easement in a width required by the North Carolina Department of Transportation. 2. Such road shall be graded, stabilized, and paved'accord- ing to accepted policies of the North Carolina Department of .Transportation. 3. The alignment of such road shall meet applicable stan- dards of the North Carolina Department of Transportation. 4. Street names which duplicate or are phonetically similar to existing street names in the County shall be prohibited. A proposed street which is in alignment with an existing street shall bear the., name of the existing street. Appropriate street name signs which meet the Division of Highways policies shall be installed by the developer at all street inter- sections. Stop and Yield traffic signs shall. be installed by the developer at appropriate street intersections as required by the Division of Highways. Any supplemental signs deemed necessary to safety and welfare by the Planning Board shall also be required for installation. -23- 5. Subdivision Streets Disclosure Statement Each deed describing a lot within a subdivision served by a public road which is not yet a part of the state -maintained highway system, shall state that the road serving said lot is public in nature, and is con- structed to present standards of The North Carolina Department of Transpor- tation for admission to the State Highway System, but is not yet eligible for State maintenance. It shall reveal the party or parties responsible for main- tenance until the road is taken over by the North Carolina Department of Transportation, and shall further state that Hertford County accepts no liability to provide any maintenance or improvement assistance for said road. In addition, a separate Subdivision Streets Disclosure Statement shall be executed by the developer and initial buyer of the lot, . and filed with the County Building Inspector. The Subdivision Streets Disclosure Statement shall set forth the qualifications hereinabove and contain an acknowledgement of the parties that they have read and understand those qualifications. 6. Certificate for Public Roads Not on the State Highway System The developer shall obtain a certificate from a Registered Engineer, or from the North Carolina Department of Transportation, that the f roads as constructed meet applicable standards set forth in the North Carolina Department of Transportation's Subdivision Roads . Minimum Construction Standards. This certificate shall be filed with the County Building Inspector prior to the Planning Board's approval of the final plat for recordation. SECTION 8. EASEMENTS A The subdivider shall convey easements to the County or ap- propriate utility company for both underground and overhead utility installa- - 24 - Y tion where needed. Easements shall be a minimum of fifteen (15) feet wide, or wider if required by utility companies, and normally centered along front lot lines. Wider easements may be required if the topography along the proposed right-of-way is such that maintenance equipment cannot reasonably operate within the fifteen (15) feet wide easement, or if primary voltage lines or transmission lines are within the subdivision. The conveyance of the easement may be made after the approval of the final plat. B . Where a subdivision is traversed by a water source, drainage way, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose of managing storm water runoff in a manner that will safeguard the health and property of the citizens of Hertford County. SECTION 9. PERMANENT REFERENCE POINTS - Prior to the approval of the final plat, permanent reference points shall have been established in accordance with the requirements set forth in this Sec- tion. A. Subdivision Corner Tie - At least one corner of the subdivi- sion shall be designed by course and distance (tie) from a readily discernible reference marker. If a corner is within two -thousand (2,000) feet of a U.S. Geodetic Survey or N.C. Coordinate Grid System coordinated monument, or Hertford County coordinated system if such exists, then this corner shall be marked with a monument so designated by computed X & Y coordinates which shall appear on the map with a statement identifying this monument to an accuracy of at least 1:10,000. When such a monument is not available, the tie shall be made to some pertinent and readily recognizable landmark or identifi- -25- I I able point, physical object or structure. However, if in the opinion of the Planning Board, a subdivision is of such small size, or if there is an existing tie within a reasonable distance of the subdivision, this shall not be required. B . Monuments - Within each block of a subdivision, at least two (2) monuments designed and designated as control corners shall be ;installed. The surveyor shall employ additional monuments, if required. All monuments shall be constructed of concrete and shall be at least four (4) inches in diameter or square and not less than three (3) feet in length. A. monument shall be set thirty (30) inches in the ground, unless this requirement is impractical because of unusual conditions. All monuments shall be "shown on the final plat. C . Property Markers - A steel or wrought iron pipe or .the equiv- alent of not less than three -fourths (3/4) inches in diameter and . at least thirty (30) inches in length shall be set at all corners, except ..those located by monuments. A marker shall also be set at a point of curve, and point of tangency, unless a monument has already been placed at said points. . SECTION 10. RECREATIONAL FACILITIES A. Provisions For Subdivision Recreation Areas Every subdivider who subdivides or develops land for residen- tial purposes shall set aside as a common area a portion of such land for the purpose of recreation to serve the residents of the subdivision, -if; they meet the following categories: (1) Subdivisions consisting of twenty-five ..(25) " or - more lots shall reserve twenty thousand (20,000) square feet of recreational area per twenty-five (25) lots. (2) If twenty-five (25) or more lots front on the water, then -26- t at least half of this reserved area shall abut the water front. Each recreation site shall not be less than ten -thousand (10,000) square feet, with a minimum width of thirty-five (35) feet on the waterfront, and shall be suitable for recreational purposes. (3) Subdivisions containing less than twenty-five (25) lots, any of which front on a waterway, shall provide a twenty (20) feet easement, located along a property line, to provide private pedestrian access for owners of non -water front lots within the subdivision. - 27 Examples: NUMBER RECREATION AREA RECREATION AREA OF LOTS WATER FRONT NON -WATER FRONT 25 Non -Water front 20,000 25 Water front 10,000 10,000 25 Water front 20,000 20,000 25 Non -Water front 10 Water front Easement 20,000 15 Non -Water front 24 Water front Easement 20,060 1 Non -Water front 8 Water front Easement 11 Water front Easement 20 Non -Water front -28- B . Maintenance The responsibility for maintenance of recreation areas shall be revealed in writing by the subdivider prior to the sale of lots. The County shall not be responsible for maintenance. C. Public Access To Navigable Streams The Planning Board encourages but does not require that subdivisions adjoining navigable streams provide for public access to the water. The following quoted paragraph is not a present requirement of this ordinance, but future planning boards should periodically consider the de- sirability or appropriateness of such language. "All subdivisions adjoining navigable streams shall provide for public access to the water. Such access shall include a twenty (20) foot easement every 1,320 feet along the shoreline adjacent to." the subdivision. This easement shall be approved by and the easement shall be dedicated to the County of Hertford. Where a public boat - dock or launching ramp is provided by the State, County or other public agency within or contiguous to the area to be subdivided, such facility may count toward meeting the re- quirements of this section. Dedicated streets which run to the mean high water line may count toward meeting the requirements of this section." - 29 - ARTICLE VI - SUBDIVISION REVIEW PROCESS The following steps outline the requirements for subdivision plat approval. The subdivider shall submit a Sketch Plan, a Preliminary Plat, and a Final Plat. SECTION 1. SKETCH PLAN REVIEW A. General The subdivider shall present a sketch plan of the proposed subdivision to the Building Inspector for his review. This sketch plan may, but need not be, prepared by a surveyor or engineer. B . List of Requirements for Sketch Plan 1. Name of subdivision and its location by municipality, township, county, and state. 2. Vicinity map showing the relationship between the proposed subdivision and neighboring tracts. 3. Proposed street right-of-way and lot layout. 4. Total acreage of tract to be subdivided. 5. Minimum lot size and the total number of lots. 6. Location of all existing or proposed water and sewer lines and sizes, if applicable. - 30 - 7. Approximate location of land to be dedicated or reserved for public or private use and the approximate amount of area. 8. The location of all designated Areas of Environmental Concern within the subdivision. 9. Any additional information which would be supportive to the review process as required by the Planning Department. C . Review of Sketch Plan The Building Inspector shall review and discuss with the subdivider his/her plans and determine whether more information is needed prior to presentation to the Planning Board. When sufficient information is available, the Building Inspector shall request that a preliminary plat be prepared by the subdivider. SECTION 2. PRELIMINARY PLAT REVIEW A. Outside Agencies It shall be the duty of the developer to insure that the follow- ing agencies have reviewed and made recommendations concerning the proposed subdivision. 1. The Division of Highways District Engineer as to proposed roadways. 2. The Hertford County Health Department or North Carolina Department of Human Resources, Division of Health Services as appropriate, for proposed water and sewage systems. . - 31 - f 3. The local CAMA Permit Officer to determine if the proper- ty lies within a designated Area of Environmental Concern and what permits are required. 4. The Zoning Enforcement Officer as to appropriate zoning. 5. The Hertford County Land Records office, which shall plot the subdivision for closure. 6. Any other agencies or officials as the Planning Board may deem necessary or desirable. B . General The subdivider shall submit fourteen (14) copies of the prelim- inary plat and any supplementary materials to the Building Inspector's Office at least ten (10) work days prior to the regularly scheduled meeting of the Planning Board. The Building Inspector will place the preliminary plat on the Planning Board's agenda, provided the plat contains all the information required below, and provided recommendations have been received by the outside agencies specified above. C . List of Requirements for Preliminary Plat 1. The name of the subdivision. 2. A sketch vicinity map showing the relationship between the proposed subdivision and surrounding area at an appropriate scale. All preliminary and final plats shall be at a scale not less than 1" = 100 feet, and the scale denoted both graphically and numerically. 3. Site location. -32- 4. A topographic map showing vertical contours five (5) feet or less. 5. Total acreage of tract to be subdivided with the location of previously subdivided lots within the tract. 6. Name of township, county, and state in which the subdi- vision is located. 7. Corporate limits, township boundaries, county lines, extraterritorial town planning jurisdiction boundaries, if on the subdivision tract. 8. The names, addresses and telephone numbers of all owners, mortgagees, registered surveyors, land planners, and professional engineers responsible for the subdivision. 9. The registration numbers and seals of the professional engineers and registered surveyors. 10. Date of survey and plat preparation. 11. An accurately positioned north arrow. 12. The names of adjoining property owners. - 33 - 13. The boundaries of the tract or portion thereof to be subdivided distinctly and accurately represented with all bearings and dis- tances shown, including: (a) Total Number of Lots (b) Lot Size (in square feet) (c) Each lot shall be numbered 14. The name of any adjoining subdivisions of record or proposed and under review. 15." Minimum building setback lines. N. Fxisting buildings or structures, water courses, rail- roads, bridges, culverts, storm drains. 17. The blocks numbered consecutively throughout the subdi- vision and the lots numbered consecutively throughout each block. 18. Wooded areas, marshes, swamps, rock outcrops, ponds or lakes, streams, or stream beds, and any other natural features affecting the - site, including the location of known areas subject to flooding. 19. Proposed roadways, existing and platted streets on ad- joining properties and in the proposed subdivision, right-of-way widths, and pavement widths. 20. Street names. - 34 - 21. The location and dimensions of all rights -of -way, utility or other easements. 22. Letter of tentative approval of water supply and sewerage disposal plans by appropriate county and state authorities. 23. Certificate from the designated Coastal Area Management Act (CAMA) Permit Officer certifying whether the subdivision is located within an Area of Environmental Concern (AEC).. 24. Type of street dedication; all streets must be designated either "private" or "public" road. 25. Letter from the Department of Transportation as to proposed roadway alignment and proposed construction. 26. Letter of approval from the Zoning Enforcement Officer. 27. A copy of any deed restriction or similar covenants. 28. A copy of the deed Subdivision Streets Disclosure State- ment where proposed roadways are designated private roads, or where proposed roadways are public roads not yet a part of the State Highway System. Article V, Section 7(A)(6) and Article V; Section 7(B)(5). - 29. Letter of approval from the. Hertford County Land Re- cords Office. -35- - 30. Any other information considered by either the subdivid- er, Subdivision Review Committee, Building Inspector, Planning Board or Board of Commissioners to be pertinent to the review of the plat. 31. Applicable Certificates in Article VII, Section 1. D . Action After review of the preliminary plat, the Planning Board may approve, conditionally approve, or disapprove the plat. If the Planning Board approves the plat, such approval shall be noted on five (5) copies of the plat. One (1) copy shall be retained by the Board of Commissioners, two (2) copies shall be retained in the Building Inspector's Office records and two (2) copies shall be given to the subdivid- er. If the Planning Board disapproves the preliminary plat, it shall give the subdivider the reasons in writing and shall instruct . the subdivider concerning possible resubmission of the plat to the Planning Board, if defi- ciencies can be corrected. Upon approval of the preliminary plat by the Planning Board, the subdivider may proceed with the preparation of the final plat, and the installation of or arrangement for required improvements in accordance with the approved preliminary plat and the requirements of this Ordinance. Preliminary- plat approval shall in no way be construed as constituting an official action of approval for recording of the subdivision as required by this Ordinance. - 36 - SECTION 3. FINAL PLAT REVIEW A. General The final plat shall constitute only that portion of the prelimi- nary plat which the subdivider proposes to record and develop at this time; such portion shall conform to all requirements of this Ordinance. No final plat shall be approved unless and until the subdivider shall have installed in that area represented on the final plat all improvements required by this Ordinance. The final plat, representing either the entire tract or one or more sections indicated on the preliminary plat, shall be submitted not more than twelve (12) months after the date on which the preliminary plat was approved, otherwise approval of the preliminary plat shall be null and void, unless a written extension of this time limit is granted by the Planning Board on or before the one (1) year anniversary of the approval. The subdivider or authorized agent shall submit eight (8) copies of the final plat to the Building Inspector's Office at least ten (10) work days prior to the next regularly scheduled Planning Board meeting. The Building Inspector will place the final plat on the Planning Board agenda, provided the plat contains all the information required below. . B . List of Requirements For Final Plat 1. The name of the subdivision. 2. A sketch vicinity map showing the relationship between the proposed subdivision and surrounding area at an appropriate scale. All preliminary and final plats shall be at. a scale not less than 1" = 100 feet, an& the scale shall be denoted both graphically and numerically. - 37 - 3. Site location. 4. Total acreage of tract to be subdivided with the location of previously subdivided lots within the tract. 5. Name of township, county, and state in which the subdi- vision is located. 6. Corporate limits, township boundaries, county lines, extraterritorial town planning jurisdiction boundaries, if on the subdivision tract. 7. The names, addresses, and. telephone numbers of all owners, mortgagees, registered surveyors, land planners, and professional engineers responsible for the subdivision. 8. The registration numbers and seals of the professional engineers and registered surveyors. 9. Date of survey and plat preparation. 10. An accurately positioned north arrow. 11. The exact boundary lines of the tract to be subdivided, fully dimensioned by length, bearings, and the location of existing boundary lines of adjoining lands, including: (a) Total Number of Lots -38- (b) Lot Size (in square feet) (c) Each lot shall be numbered 12. The names of adjoining property owners. 13. The name of any adjoining subdivision of record or proposed and under review. 14. Minimum building setback lines. 15. Existing building or structures, water courses, railroads, bridges, culverts, storm drains. 16. Sufficient data to determine readily and reproduce on the ground the location, bearing and length of every street line, lot line, bound- ary line, block line, and building setback line, whether curved or straight. This should include the radius central angle, and tangent distance for the center line of curved property lines that are not boundaries of curved. streets. All dimensions shall be measured to the nearest one -tenth of a foot and all angles to the nearest minute. 17. The blocks numbered consecutively throughout the subdi- vision and the lots numbered consecutively throughout each block. 18. Proposed roadways, existing and_ platted streets on ad-• joining properties and in the proposed subdivision, right-of-way widths, and - 3 9 - pavement widths. 19. Street names. 20. The location and dimensions of all rights -of -way, utility or other easements. 21. The plans for utility layouts including sanitary sewers, storm sewers, water distribution lines, natural gas, telephone and electric service where applicable. 22. Improvement permit or letter of approval for water and sewage systems by appropriate county and state authorities, --if ..any system is to be installed by subdividers. 23. Certificate from .the designated Coastal Area Management Act (CAMA) Permit Officer certifying whether the subdivision is located within an Area of Environmental Concern (AEC) . 24. Type of street dedication; all streets must -.be designated either "private" or "public" road. 25. Letter of approval from a Registered Engineer (private roads or public roads not on the State Highway System), . or from the Depart- ment of Transportation (public road that is part of the State .Highway System) stating whether, the new roadway is constructed to appropriate standards. -40- 26. Letter of approval from the Zoning Enforcement Officer. 27. A copy of any deed restrictions or similar covenants. 28. A copy of the deed disclosure statement where proposed roadways are designated private roads, or where proposed roadways are public roads not yet a part of the State highway System. 29. The accurate locations and descriptions of all monuments, markers, and control points. 30. Any other information considered by either the subdivid- er, Subdivision Review Committee, Building Inspector, Planning Board or Board of Commissioners to be pertinent to the review of the plat. 31. The description contained in any map or plat that is to be registered and that creates or more fully defines a parcel or parcels not previously plotted on the county large-scale cadastral maps and for which a parcel identifier number does not exist must be sufficiently precise to create a consistent closed parcel boundary within a plotting accuracy of 1140 (one -fortieth) of an inch as determined by the Hertford County Land Records Office. 32. Applicable Certificates in Article VII, Section 2. C. Action The Planning Board shall review the final plat as to compliance - 41 - with the approved preliminary plat and shall take action on the final plat within sixty (60) days from the submittal date. Final approval will be based on compliance and satisfactory completion of required improvements. The Planning Board shall appoint the Building Inspector, or appoint a technical committee, to check the final plat in the field, and it may appoint an engineer, to check the final plat against the subdivision prelimi- nary layout for accuracy, charging the costs to the subdivider if the plat is found to be in error. The Planning Board shall approve or disapprove the': final plat. Should the Planning Board approve the final plat, such approval: shall be indicated on all copies of the plat by the signed Certificate of Approval for Recording. If the final plat is disapproved by the Planning Board, the reasons for such disapproval shall be stated in writing and, one (1) copy shall be retained for the Building Inspector's Office records, one (1) copy to the Clerk to the Board of the Hertford County Board of Commissioners; and one (1) copy shall be transmitted to the subdivider. If the final plat is disap- proved, the subdivider may make such changes as will bring the plat into compliance with the Ordinance and resubmit it to the .Planning Board for review, or the subdivider may appeal the Planning Board's' decision to the Board of County Commissioners, in writing, within thirty (30) days from the date of the Planning Board action, to the Clerk to the Board of Commissioners and the County Building Inspector. D . Approval Does Not Constitute Acceptance of Dedications' The approval of a plat in accordance with this Ordinance shall . not be deemed to constitute or affect the acceptance by. the. County, a gov- ernmental unit, of a .public utility line or other facility shown on the plat. -42- However, the Board of County Commissioners may by resolutions, accept any dedication made to the public of lands or facilities for streets, parks, public utility lines, or other public purposes, when the lands or facilities are located within its subdivision regulation jurisdiction. ARTICLE VII - CERTIFICATE TO BE APPLIED TO FACE OF PLAT Section 1. Preliminary Plat 1. The Hertford County Planning Board hereby (approves) (disapproves) this preliminary subdivision plat. This action shall in no way be construed as constituting approval for recording. 19 Date Chairman, Hertford County Planning Board ------------------------------------------------------------------------------ 2. The area designated herein is (in part located within) (is in totality located within) (is not located within) an Area �of Environmental Concern, and (requires) , (does not require) a CAMA Permit prior to con- struction of improvements . 19 Date Coastal Area Management Act Permit Officer ------------------------------------------------------------------------------ =M -44- Section 2. Final Plat 1. Certificate of Dedication and Maintenance I hereby certify that the land as,. shown hereon is': (1) within the subdivision regulations jurisdiction of the County of Hertford, State of North Carolina; (2) owned by , free and clear of any encumbrances or liens except as stated below: i (3) that the subdivider, by the recording of :this plat, freely dedicates or reserves all required right-of-way easements;: streets, utilities, open spaces, or other improvements to public or private use as noted on the approved preliminary plat, and has freely established minimum building setback lines. A purchaser of a lot shown hereon accepts the lot subject to said dedication, reservations, and restrictions. 19 Date Owner or Authorized Agent -------------------------------------------------------------=------ ---------- 2. (a) The public streets designated hereon are constructed in accordance with the minimum standards of the Department of Transportation for acceptance of the subdivision streets on the state highway system for maintenance. This certificate of approval shall not be deemed an acceptance of the dedication of such streets designated herein 19 Date District Engineer,. Division of Highways ------------------------------------------------------------------------------ -45- I V 2 . (b) The private streets designated hereon. are construct- ed in accordance with and meet applicable standards set forth in the North Carolina Department of Transportation's "SUBDIVISION ROADS MINIMUM CON- STRUCTION STANDARDS", excluding the requirement that the roads must be paved. These private streets are not eligible for acceptance on the state highway system for maintenance, unless said streets are paved according to Department of Transportation standards, and unless all parties receiving access from said streets consent to the street becoming public. This certifi- cate of approval shall not be deemed an acceptance of the dedication of such streets designated herein. 19 Date Registered Engineer ---------------------------------------- 3. State of North Carolina, County of I, , certify, that this map was (drawn by me) (drawn under my supervision) from (an'actual sur- vey by me) (an actual survey made under my supervision) (deed description recorded in Book Page etc.) (other); that 'the: -ratio of precision as calculated by latitudes as departures is (1:7500 as a minimum standard) ; that the boundaries not surveyed are* shown as broken lines plotted from information found in Book Page, Witness my hand and seal, this day of , 19 Surveyor or Engineer Sworn to and subscribed before me this 19 Notary Public My commission expires: day of 5. I hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Regulations of Hertford County by the Hertford County Planning Board and/or Subdivision Review Committee and that it has been approved for recording in the Office of the Register of Deeds. 19 19 Date Date OR Chairman, Hertford Building Inspector County Planning Board 6. The area designated hereon is (in part located within) (is in totality located within) (is not located within) an Area of Environmental Concern, and appropriate permits (have) (have not) been acquired by the sub divider . 19 Date I Coastal Area Management Act Permit Officer - 47