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Home My WebLink AboutSubdivision Regulations-1989M DCM COPY DCM COPY lease do not remove!!!!! Division of Coastal Management PASQUOTANK COUNTY SUBDIVISION REGULATIONS Prepared for Pasquotank County, North Carolina April 17, 1989 County Board of Commissioners Jimmie Dixon, Chairman Tommy Harris Zee B. Lamb Patsy McGee W. C. Owens, Jr. J. Timothy Thornton W. C. Witherspoon County Planning Board David Harris, Chairman Calvin Kirby, Vice -Chairman James Fletcher Rufus Jackson Fred Riley William Small Paul Stallings Herbert T. Mullen, Jr., Attorney Randy Keaton, County Manager Technical Assistance Provided The Albemarle Commission Hertford, North Carolina 27944 PASQUOTANX COUNTL SUZ1) LV'LS'LON P-EaUL-AT'LONS Table o f Contents ARTICLE I INTRODUCTORY PROVISIONS Section101 Title...........................................................................1 Section102 Section103 Purpose.......................................................................1 Authority Section 104 .....................................................................1 Jurisdiction...................................................................1 Section 105 Prerequisite to Plat Recording ......... ................................... 1 Section 106 : Issuance of Permits.........................................................1 Section 107 Compliance with Other Official County Plans ...........................2 11 ARTICLE II LEGAL PROVISIONS 11 Section 201 General Procedure for Plat Approval..... 2 Section 202 Duty of Subdivider or Authorized Agent. 2 Section 203 Effect of Plat Approval on Dedications... ....... 2 Section 204 Penalties for Violation Section204.1Penalty ......................................................2 ........................................................................ 3 iolations.......................................................3 Section 204.2Continuing Violations.. * * * ' * Section 204.3Court Action.................................................................3 Section 204.40ther Remedies..............................................................3 Section 205 Separability..................................................................3 Section206 Variances.....................................................................3 Section 207 Amendments............. Section208 ....................................................4 Abrogation...................................................................4 Section 209 Re -Enactment and Repeal of Existing Subdivision ...................... Section210 Ordinance....................................................................4 Effective Date Section 211 ................................................................5 Administrator................................................................5 Section 212 Minimum Standards........................................................5 Section 213 Word Interpretation.........................................................5 ARTICLE III PROCEDURES FOR REVIEW AND APPROVAL Section 301 .Plat Shall Be Required on Any Subdivision of Land..................5 Section 302 Approval Prerequisite to Plat Recording.................................5 Section 303 Procedure for Abbreviated Plat Review..................................6 Section 303.1Qualification..................................................................6 Section303.2Requirements................................................................6 Section 304 Sketch Design Plan Requirements........................................7 Section 304.1.Sketch Design Plan Requirements........................................7 Section 305 Preliminary Plat Review....................................................8 Section 305. 1. Preliminary Plat Requirements............................................8 Section 305.2Public Water Service Requirements.....................................10 Section 305.3.Preliminary Plat Approval...............................................11 Section 306 Final Plat Review.........................................................11 Section 306.1.1he Planning Board Review of Final Plat .............................12 Section 306.2.Final Plat Approval by County Board of Commissioners ........... 12 Section 306.3Fina1 Plat Requirements..................................................13 Section 306APreparation of Final Plat and Installation of Improvements ..........14 Section306.5Improvement Guarantees.................................................14 Table of Contents Page i Section 306.6 PLAT REQUIREMENT CHECKLISTS..............................16 Section 307 Review by Other Agencies...............................................19 Section 308 Certificates to be Applied to Face of Plat ............................... 20 A. Certificate of Ownership and Dedication ............................... 20 B . Certificate of Accuracy ................................................... 20 C. Certificate of the Approval of Sewage System ........................ 21 D. Certificate of Approval of Artificial Drainage Improvements ........ 21 E. Certificate of District Highway Engineer .............................:. 22 F. Certificate of Approval and Acceptance of Dedications ............... 22 ARTICLE IV DESIGN STANDARDS 1. Streets 23 2. .........:............................................................ Minimum Street Right -of -Way Width .................................. 23 3. Pavement Width........................................................... 23 4. Street Grades 5. .............................................................. Radii of Curvature 24 6. ........................................................ Tangents 24 ....................................................................24 7. Intersections............................................................... 24 8. Cul-de-sacs 9. ................................................................ Street Names and Street 24 10. signs ........................................... Access Roads 24 .............................................................. 24 11. Lots......................................................................... 25 12. Building Setback Lines 13. ................................................... Blocks 26 14. ...................................................................... Easements 26 ..................................................................26 15. Buffer Strips............................................................... 26 16. Utilities 17. ..................................................................... Fire Hydrants 26 18. .............................................................. Solid Waste Collection Site Dedications 27 ................................27 ARTICLE V DEFINITIONS Subdivision.......... :................................................................ 29 General.......................................................................... 29 Alley.......................................................................... 29 AuthorizedAgent.......................................................................... 30 Block..........................................................................30 Board of Commissioners................................................................. 30 BufferStrip.......................................................................... 30 Building Setback Line..................................................................... 30 CAMA.......................................................................... 30 CollectorStreet.......................................................................... 30 ComerLot.......................................................................... 30 Cul-de-sac......................................................... 30 ................ Dedication..........................................................................30 DisclosureStatement...................................................................... 30 Double Frontage Lot.................................:.....................................30 Easement..........................................................................31 InteriorLot.......................................................................... 31 Lot.......................................................................... 31 Lotof /Record.......................................................................... 31 Official Maps or Plan ...................................................................... 31 OpenSpace.......................................................................... 31 ?abbe of Contents Page ii 11 ' Planned Unit Development............................................................... 31 PlanningBoard.......................................................................... 31 Plat.......................................................................... Plat, Final 31 .......................................................................... Plat, Preliminary 31 .......................................................................... PrivateDriveway 31 ...........................................................................32 Public Sewage Disposal System......................................................... 32 ' Recreation Area or Park.......... ' Reservation ............................. 32 ' Reversed Frontage lot..................................................................... Shall.......................................................................... 32 32 Single -Tier Lot.......................................................................... 32 Streets..........................................................................32 ' Structure..........................................................................34 Subdivider..........................................................................34 Subdivision Administrator................................................................ 34 Subdivision Review Committee..........................................................34 ' Technical Committee...................................................................... 34 Through Lot or a 'Double Frontage Lot" ............................................... 34 n L ?abEe of Contents Page iii PASQUOTANX COUNTLJ SU$1)'LV'LS1AN PLMUL-AT'LONS ARTICLE I: INTRODUCTORY PROVISIONS ' Section 101 i 1 This be known be Subdivision ordinance shall and may cited as the Regulation for Pasquotank County, North Carolina. and may be referred to as the Subdivision Regulations, Section 102 Purim ' The Ordinance purpose of this is to support and guide the proper subdivision of land within the jurisdiction of Pasquotank County in order to promote the public health, safety and general welfare of the citizens of Pasquotank County. The Ordinance is designed to 'i promote the orderly development of the County of Pasquotank; for the coordination of streets and highways within proposed subdivisions with existing or planned streets and highways with other public facilities; for the dedication or reservation of right-of-way or easements for street and utility purposes; and for the distribution of population and traffic, which shall avoid congestion and overcrowding and which will create conditions essential to public health, safety and the general welfare. This Ordinance is designed to further facilitate adequate provision for water, sewage, parks, schools and playgrounds, and also ' to facilitate the further resubdivision of large tracts into smaller parcels of land. Section 103 Authority This Ordinance is adopted under the authority of Chapter 153A, Part 2 of the General ' Statutes of North Carolina. Section 104 Jurisdiction ' On and after April 17,1989 these regulations shall govem each and every subdivision of land within Pasquotank County as provided in G.S. 153A, Article 18, except those lands lying within the subdivision regulation jurisdiction of any municipality, unless such municipality shall have by resolution formally requested the County to enforce these regulations within the city's area of jurisdiction. 1 Section 105 Prerequisite to Plat Recording After April 17, 1989 the effective date of this Ordinance, each individual subdivision plat of land within the County's jurisdiction shall be approved by the Pasquotank County Planning Board or in appropriate cases by the County Subdivision Review Officer prior to submission to Pasquotank the County Board of Commissioners for final approval. Section 106 Issuance of Permits No street shall be recommended for acceptance for maintenance by the State Board of Transportation nor shall any permit be issued by any administrative agent of Pasquotank County for the construction of any building or other improvement requiring a permit, upon any land concerning which a plat is required to be approved; unless and until the Pasquotank, County Subdivision Regulations page t ' requirements set forth in this ordinance have been complied with and same approved by the Planning board and Board of County Commissioners. Section 107 Compliance with Other Official County Plans Proposed subdivisions must comply in all respects with the rules and regulations of the appropriate water district providing the water service and with all other officially adopted plans in effect in the area to be subdivided including the locally adopted Coastal Resources Commission ratified Land Use Plan. ARTICLE II: LEGAL PROVISIONS ■ Section 201 General Procedure for Plat Approval After the effective date of this ordinance, no subdivision plat of land within the subdivision jurisdiction of Pasquotank County shall be filed or recorded until it has been submitted to and approved by the Pasquotank County Board of Commissioners as set forth in Section ' 105 of this ordinance and until this approval is entered in writing on the face of the plat by the Chairman of the Board of Commissioners of Pasquotank County. The Register of Deeds shall not file or record a plat of a subdivision of land with in the ' territorial jurisdiction of Pasquotank County that has not been approved in accordance with these provisions, nor shall the Clerk of Superior Court order or direct the recording of a plat if the recording would be in conflict with this section. Section 202 Dutv of Subdivider or Authorized Agent A plat must be prepared, approved, and recorded whenever the subdivision of land takes place, as defined in this Ordinance. The owner of land shown on a subdivision plat submitted for recording, or an authorized agent, shall sign a statement on the plat stating whether any land shown thereon is within the subdivision regulation jurisdiction of Pasquotank County. Section 203 Effect of Plat ARproval on Dedications Pursuant to G.S.153A-333, 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 construed to do so. If a public dedication of any street or other ground, public utility line, or other public facility is required the subdivider must include a statement identifying the party responsible for maintaining the required streets, grounds, utilities or facilities and a certification from an attorney licensed to practice law in the state of North Carolina that all lands being dedicated are free and clear of any leins, leases, deeds of trust or any other encumbrance. Section 204 Penalties for Violation After the effective date of this ordinance, any person who, being the owner or agent of the owner of any land located within the territorial jurisdiction of this Ordinance, thereafter subdivides his land in violation of this Ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the terms of this Ordinance and recorded in the Office of the Pasquotank County Register of Deeds, shall be guilty of a misdemeanor. Pasquotank County Subdivision 1"utati.ons Page 2 L I I 1 The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The County through its attorney or other official designated by the Pasquotank County Board of Commissioners may enjoin illegal subdivision, transfer or sale of land by action for injunction. Further, violators of this Ordinance shall be subject, upon conviction, to fine and/or imprisonment as provided by G.S. 14-4. Section 204.1 Penally The violation of any provision of this ordinance shall subject the offender to a civil penalty in the amount of 100 to be recovered by the County. Violators shall be issued a written citation which must be paid within ten (10) days. Section 204.2 Continuing Violations Each day's continuing violation of this ordinance shall be considered a separate and distinct offence. Section 204.3 Court Action Notwithstanding the Subsection of this section above, this _ ordinance may be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction. Section 204.4 Other Remedies 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. Section 205 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 206 Variances The County Board of Commissioners may, on recommendation from the Planning Board, ' authorize a variance from these regulations when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the Planning Board shall make the findings required below, taking into account the nature of the proposed subdivision, the ` existing use of land in the vicinity, the number of persons to reside or work in the proposed ' subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the County Board of Commissioners finds: ' a) That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this Ordinance would ' deprive the applicant of the reasonable use of his land Pasquotank County Subdivision Regulations Wage 3 H P b) That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. c) That the circumstances giving rise to the need for the variance are peculiar to the parcel and are not generally characteristic of other parcels in the jurisdiction of this Ordinance. d) That the granting of the variance will not be detrimental to the public health, safety, and welfare or injurious to other property in the territory in which said property is situated. Section 207 Amendments The County 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 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 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 held a public hearing on the amendment. Notice of the hearing shall be published in a newspaper of general circulation in the Pasquotank 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)) and twenty-five (25) day periods, the date of publication is not to be counted, but the date of the hearing is. Section 208 Abrogation It is not intended that this Ordinance repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued pursuant to law. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern. Section 209 Re -Enactment and Repeal of Existing Subdivision Ordinance This Ordinance in part carries forward by re-enactment some of the provisions of the subdivision Ordinance of the County of Pasquotank, adopted on April 4, 1966, and it is not the intention to repeal but rather to re-enact and continue in force such existing provisions so that all rights and liabilities that have accrued thereunder are preserved and may be enforced. All provisions of the subdivision Ordinance, which are not re-enacted herein are hereby repealed. All suits at law or in equity and/or all prosecutions resulting from the violation of any subdivision Ordinance heretofore in effect, which are now pending 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 has not been adopted; and any and all violations of the existing ordinance, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted; 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. Pasquotank County Subdtvision ReguL Lions Page 4 ,! Section 210 Effective Date This ordinance shall take effect and shall be in force from and after April 17, 1989 Duly adopted by the Board of Commissioners of the County of Pasquotank, North Carolina, this the 17 day of April, 1989. limmv Dixon. Chairman Pasquotank County Board of Commissioners. Section 211 Administrator The holder of the Office of Pasquotank County Manager is hereby appointed to serve as subdivision review officer. Section 212 Minimum Standards Wherever the provisions of any other law, ordinance or regulation impose higher standards ' 4 than are required by the provisions of this Ordinance, the provisions of such law, ordinance or regulation shall govern. �. Section 213 Word Tnternretation L For the purposes of this Ordinance, certain words shall be interpreted as follows: a) The word "May" is permissive. b) The words "Shall" and "Will' are mandatory. c) The present tense includes the future tense and the future tense includes the present tense. d) The singular includes the plural and plural includes the singular. ARTICLE III PROCEDURES FOR REVIEW AND APPROVAL OF SUBDIVISION PLATS Section 301 . Plat Shall Be Required on Any Subdivision of Land Pursuant to G.S.153A-332, a final plat shall be prepared, approved, and recorded pursuant to the provisions of this ordinance whenever any subdivision of land takes place. Section 302 Approval Prerequisite to Plat Recording No final plat of a subdivision within the subdivision jurisdiction of Pasquotank County as established in Section 104 of this ordinance shall be accepted for record by the Register of Deeds of Pasquotank County until final approval has been given by the Board of Commissioners of Pasquotank County. To secure such approval of a final plat, the subdivider shall generally follow the procedures established in this section. Pasquotank. County Subdivision Regufati,ons Page 5 1Section 303 Procedure for Abbreviated Plat Review Section 303.1 Oualification A subdivider may apply to the County Manager, who serves as the Subdivision Review Officer, for one step final plat review, which precludes the submission I requirements for a sketch design plan and a preliminary plat. The abbreviated final I plat review procedure may be used in such cases where the subdivision: a) involves not more than three (3) lots fronting on a state -maintained road, and b) does not constitute the enlargement of a previously platted subdivision to more than three (3) lots; and c) does not involve any new street or prospectively require any new street for access to interior property; and d) does not require extension of public water and sewage lines or the creation of ' new drainage deeds of easement on adjoining lands to comply with provisions of this ordinance; and e) The Subdivision Review Officer shall make determinations on eligibility of ' exemption under exemptions specified in definition of subdivision (ARTICLE V Definitions). ' Section 303.2 Requirements The use of the abbreviated final plat review is subject to the following requirements: ' a) All lots subdivided by a tract since November 1, 1973 shall be included in determining when the three (3) lot maximum has been exceeded and when the full review procedure shall be required by a subdivider. ' b) On application for abbreviated final plat processing, the subdivider shall pay an inspection fee of $25.00 to Pasquotank County Register of Deeds. ' c) Eight (8) copies of the final plat shall be presented to the Subdivision Review Officer for review under the abbreviated procedure and shall include all final plat requirements as stipulated in Article III, Section 306.3, pages 13-14. ' d) The final plat shall be reviewed by the Subdivision Review Officer for qualification under the abbreviated procedure and compliance with subdivision regulations. Subdivision Review Officer shall forward a copy of the final plat ' to the Planning Board Chairman for his review. If the Subdivision Review Officer finds that proposed final plat qualifies for review under the abbreviated procedure and complies with all applicable subdivision regulations, the ' Subdivision Review Officer will transmit the final plat to the County Board of Commissioners for final review under Article III, Section 304.1. 0 Pasquotan& County Subdtvisi.on Requlati,ons Page 6 Section 304 Sketch Design Plan Requirements If the land to be subdivided contains more than ten (10) acres, or is waterfront property, the subdivider shall submit a sketch plan prior to submitting a preliminary ' plan. Smaller subdivisions may be submitted in sketch plan form if the subdivider wishes. If the sketch plan is required or the subdivider wishes to submit one to the Planning Board, it must be submitted to the Subdivision Review Officer five(5) days prior to a regular meeting of the Planning Board. At the regular meeting the subdivider or his representative should explain the plan, answer questions and advise the Planning Board of any variations from the subdivision regulations. Sketch plans shall conform to the following requirements when submitted to the Planning Board for their review. Section 304.1. Sketch Design Plan Requirements The Sketch Design Plan shall depict or contain the following information: a) Boundary of tract and the portion to be subdivided b) Sketch of proposed street and lot layout c) --Dimensions of street right-of-way d) Location of other rights -of -way and easements e) Sites, if any, for schools, churches, parks, beaches, etc. f) Location of streets and lots of developed or platted properties within 100 feet of property being considered for subdivision g) Zoning classifications) of the tract and of adjacent properties if applicable h) Site Data: ' 1. Acreage in tract 2. Acreage to be subdivided 3. Approximate acreage in parks or other land usage ' 4. Approximate number of lots proposed ' i) Sketch Vicinity May showing the relationship of the proposed subdivision to the surrounding area, the adopted thoroughfare plan, the 100 year floor plain, areas of environmental concern and land classification map. (Note: Information pertaining to the last four items may be obtained from the Tax Supervisor's Office.) j) Number of Copies and Graphics Media Four (4) copies shall be submitted to Planning Board. No specific graphics media must be employed. Pasquotank, County Subdivision Regutations Page 7 k) Size of Plan and Scale No specific size requirements apply to sketch design plans; it is suggested that the requirements applicable to preliminary and final be utilized. i plats 1) Administrative Fees ' No fees in administrative are charged connection with the submission of sketch design plans. ' m) Certificates Required No certificates must be provided in connection with the submission of sketch design plans. n) Sketch Design Plan Review Procedure ' The Planning Board shall review the sketch design plan for general compliance with the requirements of this regulation. The Planning Board shall advise the subdivider or his authorized agent of the regulations pertaining to the proposed subdivision and the procedures to be followed in the preparation and submission of the preliminary and final plats. This review shall in no way be construed as constituting an official action of approval for recording of the subdivision by the Planning Board or Pasquotank County Board of Commissioners as required by this regulation. ' o) Disposition of Copies Three (3) copies shall be retained as part of the minutes of the Planning Board, with the other copy being returned to the subdivider or his authorized agent. ' Section 305 Preliminary Plat Review A General The subdivider shall submit eight (8) copies of the preliminary plat and any ' supplementary material to the Subdivision Review Officer at least fifteen (15) days prior to the regularly scheduled Planning Board meeting at which said plat is to be considered by the Planning Board. Upon submission of the preliminary plat for processing by the ' Planning Board, the subdivider shall pay a processing fee of 20.00 or 2.00 per lot, whichever is greater, to Pasquotank County Register of Deeds. ' Section 305.1. Preliminary Plat Requirements The Preliminary Plat shall depict or contain the following information: ' 1) The preliminary plat shall be at a scale of one hundred feet to one inch or larger and will be drawn in ink on a sheet of drafting film which is 16 3/4" x 20" in size. Pasquotank County Subdivision Regulations Page 8 2) The location of existing and platted property lines, streets, buildings, water courses, railroads, transmission lines, sewers, bridges, culverts and drain pipes, water mains, city and county lines (if adjoining) and any public utility easements. 3) Boundaries of tract shown with bearings and distances. ' 4) Wooded areas, marshes, and any other conditions affecting the site. 5) Names of adjoining property owners or subdivisions. 6) Zoning classification, if any, both on the land to be subdivided and on adjoining land. ' 7) Proposed streets, street names, rights -of -way, roadway widths, and approximate grades. ' 8) The plans for proposed utility layouts (sewer, water, gas, electricity) showing connections to existing systems or plans for individual water supply, sewage disposal, storm drainage, etc. 9) Other proposed rights -of -way or easements; locations, widths, and purposes. 10) Proposed lot lines, lot and block numbers, and approximate dimensions. 11) Proposed minimum building setback lines. 12) Contour lines with elevation intervals of two feet. Contours of less than two feet may be required by the Planning Board. The 100-year ' flood plain contour shall be labeled and clearly indicated with a bolder thicker line ' 13) Proposed parks, school sites, or other public open spaces, if any. 14) Title, date, north point and graphic scale. !, 15) Name of owner, surveyor or land planner. 16) Site Data ' a).' Acreage in total tract b). Acreage in parks or other land usage ' c). Total number of lots d). Lineal feet in streets 17) Sketch vicinity map showing relationship between subdivision and surrounding area, adopted thoroughfare plan, 100 year flood plain, areas of environmental concern, and land classification map. (Note: Information pertaining to the last four items may be obtained from the Tax Supervisor's Office.) PasquotanL County Subdivision R.egut Dons Page 9 18) Environmental Impact Statement Pursuant to Chapter 113A-8 thru 113A-10 of the North Carolina j General Statutes, the Planning Board may require the subdivider to submit an environmental impact statement with his preliminary plat if - a). The development exceeds 10 acres in area, and b). If the Board deems it necessary due to the nature of the land to be subdivided, or peculiarities in the proposed layout. Section 305.2 Public Water Service Requirements Prior to preliminary plat submission, the Planning Board or their authorized representative shall determine if Public Water services are available for the proposed subdivision: 1) If public water service is not available then the plans for the construction of the proposed water facilities or individual water supplies shall meet the standards of the District Health Department. 'i Systems having fifteen (15) or more connections must meet the standards of the State Commission for Health Services, Division of Environmental Management. Plans approved by the reviewing I agency with jurisdiction shall be submitted with a preliminary plat. 2) If public water service is to be available and the subdivider is developing new lots, the subdivider shall construct a water system that complies with the standards and specifications of the public water system with jurisdiction and connect it to the system serving the area in which the subdivision is located. 3) If the subdivider is developing new lots within the service area of the Pasquotank County Water System, the subdivider shall construct a water system and connect it to the system owned and operated by Pasquotank County, subject to the following conditions: a) Construction plans for the proposed system shall be ' prepared by a registered engineer, materials and construction to be in accordance with the specification for the Pasquotank County Water System as prepared by the County Engineer, ' and submitted with the preliminary plat for approval by the Planning Board, County Water Superintendent and the appropriate State Agencies. ' b). The cost of the construction, connection and approval of the subdivision water system shall be paid by the subdivider. ,i c). All water mains, laterals, meter box and easement shall be dedicated to the County Water system. Water lines shall be installed on the street right-of-way where possible. 4) Pasquotank County may require installation of certain oversized facilities such as water mains in excess of 8" .in diameter when it is in the interest of future development. Pasquotank County shall pay Pasquotank County Subdivision Regutations Page 10 for that portion of the improvement which exceeds the standards set '. forth in this ordinance. Section 305.3. Preliminary Plat Approval After review of the preliminary plat, the Planning Board may recommend the approval, conditional approval, or disapproval of the plat to the Board of Commissioners. If not reviewed and a recommendation presented to the Board of Commissioners within forty-five (45) days of the first consideration of the plat, the subdivider may apply to the County Board of ' Commissioners for approval or disapproval, unless the subdivider agrees to an extension of time. ' The Subdivision Review Officer or a Planning Board member shall place the preliminary plat on the Board of Commissioner's agenda. The Board of Commissioners has forty-five (45) days from the receipt of the ' Planning Board recommendation to take action on the plat or the plat may be considered disapproved by the subdivider, unless an extension of time is agreed upon. ' The Board of Commissioners shall approve or disapprove the preliminary plat. If the 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 Planning Board records, and two (2) copies shall be given to the subdivider. ' If the Board of Commissioners disapprove the preliminary plat, the subdivider shall be given the reasons in writing and one (1) copy of the plat. The subdivider shall be instructed concerning possible resubmitting of the plat to the Board of Commissioners if deficiencies can be corrected. 1 Upon approval of the preliminary plat by the Board of Commissioners, 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. ' Section 306 Final Plat Review General ' Upon completion of the installation or an arrangement for the improvements shown in the approved preliminary plat for the whole or in a portion of the subdivision that is acceptable to the Planning Board and County ' Commissioner, the applicant shall submit a final plat 15 days prior to the regular meeting of the Planning Board showing the areas covered by such improvements. A final plat for the first phase of subdivision shall be submitted not more than 12 months after the date on which the preliminary ' plat was approved; otherwise such approval shall be null and void, unless a written extension of this limit is granted by the County Board of Commissioners on or before the 12th month anniversary of the preliminary ' plat approval. Pasquotank County Subdivision Regutations Page 11 On application for final plat processing, the subdivider shall pay an inspection fee of $25.00 or S2.50 per lot in the subdivision, whichever is greater, to The Pasquotank County.Register of Deeds 1. The subdivider shall submit eight (8) copies of the final plat to the Subdivision Review Officer within twelve months after endorsement ' of the preliminary plat; otherwise such shall become null and void unless an extension of time is applied for and granted by the planning Board. 2. The final plat shall be reviewed by the Subdivision Review Officer for compliance with the endorsed preliminary plan. The Planning Board may appoint an engineer to check the final plat against the subdivision's actual layout for correctness; charging the costs to the i subdivider if the plat is found. to be seriously in error. a) If the final plat if found to be in compliance, the Subdivision Review Officer shall transmit the final plat together with the Planning Board's recommendations to the County Board of ' Commissioners for final action; or b) If the final plat is found not to be in compliance, or if changes have been made from the endorsed preliminary plat, ' the Subdivision Review Officer shall notify the subdivider and transmit the final plat to the Planning Board. ' Section 306.1. The Planning Board Review of Final Plat a) If the final plat is in compliance with the Ordinance, P P or the Planning Board endorses the changes made from the approved preliminary Subdivision Review plat, the Officer shall transmit the final plat, together with the Planning Board's recommendations to the County Board of Commissioners for final action. b) If the final plat is not in compliance with this Ordinance or the Planning Board does not accept the changes from the endorsed preliminary plat, the subdivider shall be given an opportunity to submit a revised final plat. If a revised final plat is not submitted, the Subdivision Review Officer shall transmit the final plat together with the Planning Board's recommendations to the County Board of ' Commissioners for final action. Such recommendations shall specify any unaccepted changes from the endorsed preliminary plat. Section 306.2. Final Plat Approval by County Board of Commissioners The -final plat, and the recommendations of the Planning Board, shall be reviewed by the County Board of Commissioners. The Commissioners shall approve or disapprove the final plat. a) Approval of the final plat is authorization for the Register of Deeds to probate and to file the plat. 1 Pasauotank County Subdivision Regulations Page 12 1 b) If the County Board of Commissioner should disapprove the final plat, the reasons for such action shall be noted and recommendations made on the basis of which the proposed subdivision would be approved. ■', c) The action of the County Board of Commissioners shall be noted on three (3) copies of the final plat. One copy shall be returned to the subdivider, one copy shall be transmitted to the County Register of Deeds for recording at the expense of the subdivider, and one copy shall be retained for the permanent files of the Planning Board. d) No final plat shall be approved until all improvements are installed or meet the requirements set forth in Article III, Section 306.3 and 306.4, of this Ordinance, all required fees have been paid, and the ' certificates required by this Ordinance to appear on the final plat have been properly filled out and signed. ' Section 306.3 Final Plat Requirements The final plat shall be at the same scale, same sheet size graphic media and shall conform substantially to the preliminary plat as approved and shall constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time. ' The final plat will show: 1 The line f s o all streets and roads. ' 2) Lot lines and lot number. 3) Minimum building setback lines. 4) Reservations, easements, alleys and any areas to be dedicated to public use or sites for other than residential use with notes stating ' their purpose and any limitations. 5) Sufficient data to determine readily and reproduce on the ground, the location, bearing and length of every street line, lot line, boundary ' line, block line and building line, whether curved or straight, and including true north point. This should include the radius, center angle, and tangent distance for the center line of curved streets and curved property lines that are not the boundary of curved streets. 6) All dimensions should be to the nearest one -tenth (1/10) of a foot and angles to the nearest minute. 7) Accurate location and description of all permanent monuments and stakes. 8) The proposed utility system: ' a. Water d. Storm drainage b. Gas e. Electric utilities C. Sewers Pasquotank County Subdivision Regulations Page 13 9) The names and locations of adjoining subdivisions, and streets, and ' the location and ownership of adjoining unsubdivided property. 10) Title, date, name and location of subdivision, graphic scale and north point (indicate if true north, magnetic.north or N. C. State ' Grid System is used). 11) Name of owner, surveyor or land planner. ' 12) Sketch vicinity map showing relationship between subdivision and surrounding area. ' Section 306.4 Preparation of Final Plat and Installation of Improvements Upon approval of the preliminary plat by the Pasquotank County Planning ' Board, the Subdivider may proceed with the preparation or the arrangement for the required improvements in accordance with the approved preliminary plat and the requirements of this ordinance. Prior to approval of a final ' plat, the subdivider shall have installed the improvements specified in this ordinance or guaranteed the installation as provided herein. No final plat will be accepted for review by the Pasquotank County Planning Board or the Pasquotank County Board of Commissioners unless accompanied ' by written notice by the Subdivision Review Officer acknowledging compliance with the improvement and guarantee standards of this ordinance. The final plat shall constitute only that portion of the preliminary plat ' which the subdivider proposes to record and develop at that time; such portion shall conform to all requirements of this ordinance. Section 306.5 Improvement Guarantees A. Agreement and Security Required ' In lieu of required completion, installation, and dedication of all improvements prior to final plat approval, the County of Pasquotank may enter into an agreement with the subdivider whereby the subdivider shall ' agree to complete all required improvements. Once said agreement is signed by both parties and the security required herein is provided, the final plat may be approved by the Pasquotank County Board of Commissioners, if all other requirements of this ordinance are met. To ' secure this agreement, the subdivider shall provide, subject to approval of Pasquotank County any one or combination of the following guarantees not exceeding 1.50 times the entire development cost as provided herein. ' 1. Surety Performance Bond(s) The Subdivider shall obtain a performance bond(s) from a surety ' bonding company authorized to do business in the State of North Carolina. The bonds shall be payable to the County of Pasquotank and shall be in an amount equal to 2.20 times the entire cost, as ' estimated by the subdivider and approved by the Pasquotank County Board of Commissioners, of installing all require improvements. ' Pasquotank County Subdivision R uiations e9 Page 14 ' The duration of the bond(s) shall be until such time as the improvements are accepted by the Board of Commissioners. Water service improvements shall be installed within twelve (22) months of the date of authorization of the security bonds. If, however, ' building permits are issued for lots within twelve (12) months of the date of authorization of the security bond, the Pasquotank County Board of Commissioners may use a portion of the security bond to pay ' for the cost of water system improvements that serve those lots receiving building permits. If the water line construction is not complete within thirty days of the issuance of a building permit, the Pasquotank County Board of Commissioners may then take action to ' utilize the bond money to complete construction of the improvements. Road improvements shall be installed within eighteen (18) months of the date of authorization of the security bonds. ' 2. Cash or Equivalent Security ' The Subdivider shall deposit, an irrevocable letter of credit or other instrument readily convertible into cash at face value, either with Pasquotank County or in escrow with a financial institution designated as an official depository of Pasquotank County. The use of any instrument other than cash shall be subject to approval of the ' Pasquotank County Board of Commissioners. The amount of the deposit shall be equal to 1.20 times the entire cost of installing all ' required improvements as estimated by the subdivider and approved by the Pasquotank County Board of Commissioners. 3. Land as Equivalent Security The Board of Commissioners will consider as equivalent security a deed of trust on property equal to 2.50 times the entire cost of improvements required by this ordinance. In the event a deed of ' trust prepared in favor of Pasquotank County is furnished as equivalent security, a certificate of title, signed by a licensed attorney, must also be furnished to the County certifying that the ' land is not encumbered. Property value must be verified by an appraiser approved by the County Commissioners. E I Pasquotank County Subdivision Rtguiations Pagc 15 Section 306.6 PLAT REQUIREMENT CHECKLISTS Sketch Preliminary Final INFORMATION REQUIRED Plat Plat Plat - The name of the subdivision X X X - A sketch vicinity map showing the relationship X X between the proposed subdivision and I ! surrounding area at an appropriate scale - Total acreage of tract to be subdivided with the X location of previously subdivided lots within the tract - A topographic mar showing vertical contours every X X X two (2) feet or less (only 25 lots or more) - Name of township, county and state in which the X X X subdivision is located - Corporate limits, township boundaries, county X X X ' lines, if on the subdivision tract - The names, addresses, and telephone numbers of L X X all owners, mortgagees, registered surveyors, land planners, and professional engineers -- responsible for the subdivision ' - The registration numbers and seals of the professional engineers and registered surveyors X - Date of survey plat preparation X X ' - Scale denoted both graphically and numerically X X X - An accurately positioned north arrow tied into the X X North Carolina Grid System if within 2,000 feet ' of a monument - The exact boundary lines of the tract to be X subdivided, fully dimensioned by lengths and bearings, and the location of existing boundary ' lines of adjoining lands -'Me names of adjoining property owners X X X ' - The boundaries of the tract or portion thereof to be X X X subdivided distinctly and accurately represented with all bearings and distance shown ' - The names of any adjoining subdivisions of record X or proposed and under review - Minimum building setback lines only - Existing buildings or other structures, water X X X X X courses, railroads, bridges, culverts, storm drains, both on land to be subdivided and land immediately adjoining Pasauotank County Subdivision Regutations Page 16 - Sufficient data to determine readily and reproduce X on the ground the location, bearing and length of every street line, lot line, boundary line, block line, and building whether curved or straight. This should include the radius central angle, and tangent distance for the center line of curved streets and curved property lines that are not boundaries of curved streets. All dimensions shall be measured to the nearest one -tenth of a foot and all angles to the nearest minute. - The blocks numbered consecutively throughout X X subdivision and the lots numbered consecutively throughout each block, square feet of each lot so indicated. - Wooded areas, marshes swamps, rock outcrops, X X ponds or lakes, streams or stream beds and any other natural features affecting the site, including the location of known areas subject to flooding - Proposed roadways, existing and platted streets on X X adjoining properties and in proposed subdivision, right-of-way, pavement widths, approximate grades, design and engineering data for all comers and curves and typical street cross sections - Street names & Street Numbers identifying residential X X addresses. - The location and dimensions of all rights -of -way, X X X utility or other easements - The plans for utility layouts including sanitary X X sewers, storm sewers, water distribution lines, natural gas, telephone and electric service or plans for individual water supply systems and sewerage disposal systems - Letter of tentative approval of water supply and X sewage disposal plans by appropriate county and state authorities - Improvement Certificate or letter of approval for X water and sewage systems by appropriate county and state authorities - Letter of applicability of a Stormwater Drainage X X Plan from the Division of Environmental Management. - Letter of approval from the Department of X Transportation as to proposed roadway alignment and construction - Letter of approval from the Department of X Transportation stating whether the new roadway is constructed to appropriate state standards - A copy of any deed restrictions or similar covenants X X - The accurate locations and descriptions of all X monuments, markers, and control points PasquotanL County Subdivision Regutati,ons Page 17 - Any other information considered by either the X X subdivider, Subdivision Review Committee, Subdivision Administrator, Planning Board or Board of Commissioners to be pertinent to the review of the plat - Linear error of closure shall not exceed one (1) foot X per 7,500 feet. Angular error of closure shall not exceed twenty-five (25) seconds times the square root of the number of angles turned. Plus or minus distance will not be approved. - Letter from the Land Quality Section, Division of X X Land Resources approving the Sedimentation and Erosion Control Plan. - The following statement shall appear on the face of the plat X if water lines are not installed prior to final plat approval "According to the Pasquotank County Subdivision Ordinance, water lines may not be built in this subdivision for 12 months from the date of final plat approval. Information on the status of construction of the water system in this subdivision can generally be obtained from the developer or the County Water System" - Other Applicable Certificates I IX I X PasquotanL County Subdivision "utations Page 18 ' Section 307 Review by Other Agencies 'i 11 Prior to approval of the preliminary plat to the subdivision review officer, the subdivider shall submit copies of the preliminary plat and any accompanying material to other officials j and agencies concerned with new development including but not limited to: 1) The District Highway Engineer as to proposed streets, highways, and drainage systems; 2) The Sanitarian with the Health Department serving the county as to proposed water and sewer systems or satisfactory soil percolation tests or general subsurface soil conditions to allow septic tank use; 3) Such other agencies and officials as the County Planning Board and/or County Board of Commissioners may deem, from time to time, necessary or desirable; 4) An official of the appropriate water system that will provide service to the proposed subdivision as to the materials and the construction of proposed water systems to be connected to the particular water system; 5) The Land Quality Section, Division of Land Resources as to sedimentation and erosion control for review and recommendation.; 6) The Division of Coastal Management as to locations of any Areas of Environmental Concern that may be located on the proposed subdivision property. 7) The Division of Environmental Management as to the applicability of storm water drainage. 8) It is recommended that any subdivisions plat with five lots or more be submitted to the US Post Office for possible inclusion in the Community Mail Box Program. 9) The Fire Chief of of the Volunteer Fire Department responsible for servicing the proposed subdivision shall review the plat for possible locations of dry fire hydrants, where applicable. Comments from these reviewing agencies must be made available to the Planning Board before a preliminary plat may be approved, unless this requirement is specifically waived by the Planning Board. Pasauotanf, County Subdivision R,egutati.ons Page 19 Section 308 Certificates to be Applied to Face of Plat A. ' Certificate of Ownership and Dedication I (We) hereby certify that I am (we are) the owner(s) of the property shown and described hereon which was conveyed to me (us) by deed recorded in Book Page , and that I (we) hereby adopt this plan of subdivision with my (our) free consent, and dedicate all streets, alleys, walks, parks, solid waste utility sites and other open spaces to public use unless otherwise noted. Further, I (we) certify that the land as shown hereon is within the subdivision regulations jurisdiction of the County Board of Commissioners of Pasquotank County and all - dedications are free and clear of any lien,lease, deed of trust or any other encumbrance.. Date 19 I L B . Certificate of Accuracy Owner Owner I hereby certify that under my direction and supervision this Plat, shown and described hereon, was drawn from an actual survey of land; that the Error of Closure is calculated by latitudes and departures and is 1: : that the boundaries not surveyed are shown as broken lines; that this Plat was prepared in accordance with G.S. 47-30 as amended. Witness my hand and Seal this day of 19 Registered Land Surveyor Registration Number C Pasquotank County Subdivision Regulations Page 20 1 C. Certificate of the Approval of Sewage System This subdivision, entitled has been designed for the construction of individual sewage systems and meets the criteria and requirements of the Pasquotank, Perquimans, Camden, and Chowan Counties District Health Department based on existing conditions and regulations. The District Health Department reserves the right to require additional improvements to these properties and to limit the number of bedrooms and size of structure based on site conditions upon issuance of the final site improvements permits. This certification does not constitute a warranty and is issued based on this subdivision being serviced by Water system. (Individual/Public) 19 Date District Health Director or his Authorized Representative D. Certificate of Approval of Artificial Drainage Improvements In the subdivision entitled, artificial drainage has been installed according to plans and specifications prepared by and based upon the require- ment of the Pasquotank, Perquimans, Camden, and Chowan Counties District Health Department to keep the seasonal high water table a minimum of twelve inches (12") below the septic tank nitrification lines. Proper landscaping and maintenance of these drainage facilities are the responsibility of the property own- ers to insure that septic tank malfunctions do not occur. The District Health Department assumes no responsibility for the design, maintenance, or the guar- anteed performance of the artificial drainage measures and their effects. CERTIFER OF DRAINAGE FACILITIES DATE DISTRICT HEALTH DIRECTOR DATE Pasquotank County Subdivision Regulations Page 21 k H E. Certificate of District Highway Engineer I hereby certify that these streets as installed or as designed and guaranteed are in accordance with the minimum design criteria presently required by the N.C. Department of Transportation, Division of Highways, for the acceptance of subdivision streets on to the state system for maintenance. 19_ . Date District Engineer N.C. Department of Transportation, Division of Highways F. Certificate of Approval and Acceptance of Dedications I hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Regulations for Pasquotank County, with the exception of such variances, if any, as are noted in the minutes of the County Board of Commissioners meeting held this date, and that it has been approved for recording in the office of the Register of Deeds, and that the dedication of the easements, rights -of -way and public park shown thereon were accepted by the County, but it assumes no responsibility to open or maintain the same until, in the opinion of the governing body of Pasquotank County, it is in the public interest to do so. I further certify that (1) the streets, utilities, and other improvements have been installed in an acceptable manner and according to County specifications in the subdivision entitled or (2) that a security bond in the amount of $ , has been posted with the County Board of Commissioners to assure completion of all required improvements in case of default. 19 Dare Chairman, County Commissioners Attest: Clerk I Pasquotank County Subdivision Regulations page 22 P d 1. G. Certificate of Approval by the Planning Board I, Chairman of the Pasquotank County Planning Board, do hereby certify that said Planning Board fully approved the plat of the subdivision entitled on the day of . 19_ . Chairman Pasquotank County Planning Board Article IV: MINIMUM DESIGN STANDARDS The following shall be considered the minimum requirements for all new subdivisions. 1. Streets In any new subdivision the street layout shall conform to the arrangement, width and location indicated on any official plans or maps for Pasquotank County. In areas for which such plans have not been completed, the streets shall be designed and located in proper relation to existing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety, and to the proposed use of land to be served by such streets. All streets must be dedicated to the county free and clear of any liens, easements, deeds of trust, or any other encumbrance. A. The proposed street layout shall be made according to good land planning -- ' practice for the type of development proposed, and shall be coordinated with the street system of the surrounding areas. All streets must provide for the continuation or appropriate projection or principal streets in surrounding ' area and provide reasonable means of ingress and egress for surrounding acreage tracts ' B . Construction plans for the proposed street system shall be prepared by a registered engineer with materials and construction to be in accordance with standards specified by the Division of Highways, North Carolina Department of Transportation in the most current edition of their manual ' entitled S andivision Roads: Minimum Construction Standards. 2. Minimum Street Right -of -Way Width Minimum street right-of-way width shall be as shown in the adopted thoroughfare plan or as required by the Department of Transportation Division of Highway Standards. ' 3. Pavement Width ' Pavement width shall be constructed as required by the Department of Transportation Division of Highway Standards. I PasauotatiL County Subdivision Regulations Page 23 4. Street Grades ' Unless necessitated by exceptional topography and subject to the approval of the Planning Board, the grades shall meet the requirements of the Department of Transportation, Division of Highway Standards. 5. Radii of Curvature When a continuous street center line deflects at any point by more than 10 ' degrees, such center line shall follow the arc of a circle having a radius as follows: A. Major Streets 300 feet ' B. Collector Streets 200 feet C. Minor Streets 100 feet 6. Tangents ' A tangent at least 100 feet long shall be provided between reverse curves on all streets. 7. Intersections ' Streets shall be laid out so as to intersect as nearly as possible at right i angles and no street shall intersect any other street at less than 60 degrees. A. Street jogs with center lines offsets of less than 125 feet shall be ' avoided. B. Intersections with a major street or highway shall be at least 800 feet apart. ' C. Property lines at street intersections shall be rounded with a minimum radius of 20 feet or of a greater radius when required by the Planning Board. 8. Cul-de-sacs Permanent dead end streets or cul-de-sacs shall be no longer than 600 feet, other than a minor street cul-de-sac as defined in this regulation; and shall be provided at the closed end with a turn -around which meets the requirements of the Department of Transportation Division of Highway Standards. 9. Street Dames and Street Signs Street names for all subdivision plats shall be subject to approval of the Planning Board. New street names shall not duplicate or be similar to existing street names and existing street names shall be projected wherever possible. It shall be the responsibility of the developer to pay for the cost of purchasing and installing street signs at the intersection of streets within his development. County personnel shall be responsible for purchasing and installing the signs at each intersection upon the payment of a fee per sign by the developer. The fee per sign shall be established by the Pasquotank County Board of Commissioners, and may be changed as necessary. The fee for street signs shall be paid by the developer to the Planning Department prior to release of the final plat for recording. 10. Access Roads Where a tract of land to be subdivided adjoins a federal or state highway, the subdivider may be required to provide a marginal access street parallel to the highway or reverse frontage on an interior street for the lots to be developed Page 24 adjacent to the highway. If reverse frontage is required, then the subdivider shall be required to provide a ten foot (101) easement parallel and adjacent to the right-of-way of the highway. Such easement shall be restricted to the planting of trees or shrubs for screening purpose and shall be in addition to all other easements required by this ordinance. 11. Lots Lot sizes, shapes and locations shall be made with due regard to topographic conditons, contemplated use, and the surrounding area. Land subject to flooding and land deemed by the Planning Board to be uninhabitable for other reasons shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard; but such land may be set aside for such uses as will not be endangered by periodic or occasional inundation, or will not produce unsatisfactory living conditions. A. Every lot shall front or abut on a public street. Each lot must have a minimum road or street frontage of fifty feet (50') and a minimum width of one hundred feet (100') at the building set back line. B. Residential lots served by a community water system and by a community sewer system that has been approved by the NC Division of Environmental Management or the NC Division of Health Services shall have a minimum lot size of 12,000 square feet. C. Residential lots served by a community water system shall be at least 15,000 square feet in usable area. All lots must abut on streets that contain water lines. A water meter must be placed on each lot to be served by the County's water system. D. Where public water and sewer facilities are not available and individual water supplies or individual sewage disposal systems are planned, the the subdivider, at his own expense, shall have the site investigated under the supervision of the Health Department serving the County or other person approved by the Health Department serving the County to determine whether or not such individual facilities are feasible and shall present proof to the Planning Board that appropriate soil tests have been conducted and each lot in the subdivision has been approved by the Health Department serving the County for individual water supplies and/or sewage disposal systems. The site investigation shall be conducted according to the standards of the Health Department serving the County. 1) When individual sewage disposal systems are planned the minimum lot sizes specified in this Ordinance shall be increased as required by the standards of the Health Department serving the County. 2) Water supply and sewage facilities shall comply with applicable State and County Public Health laws and regulations. E. Corner lots for residential use shall have an extra width of 20 feet to permit adequate building setback from side streets. F. Double frontage and reverse frontage lots shall be avoided, except where required to separate residential development from through traffic. Pasquotank County Subdivision Regulations Page 2S P r I I h G . Side lot lines shall be substantially at right angles or radial to street lines. H. All lots shall conform with the minimum standards or dimensions noted herein and those contained in an applicable zoning ordinance, building codes, or other official regulation. 12. Building Setback Lines The minimum building setback from the property lines shall be as follows: A. From the front property line 30 feet B . From the side property line 10 feet C. From the rear property line 30 feet D: From the side property line on corner lots 20 feet E. From the front property line on major thoroughfares 40 feet F. From water's edge 50 feet 13. Blocks Blocks shall be laid out with special attention given to the type of use contemplated. A. Block lengths shall not exceed 1,500 feet or be less than 300 feet. 14. Easements Easements centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least 10 feet wide. A. Where a subdivision is traversed by a water course, drainage wav, channel or stream, there shall be provided a storm water easement or drainage right- of-way conforming substantially with the lines of such water course, and such further width or construction , or both, as will adequate for the purpose. Parallel streets or parkways may be required in connection therewith. B . Lakes, ponds, creeks, and similar areas will be accepted for maintenance only if sufficient land is dedicated as a public recreation area or park or if such area constitutes a necessary part of the drainage control system. The acceptance of such dedicated area must be endorsed by the Planning Board before the Board of Commissioners will consider accepting it. 15. Buffer Strips In residential districts a buffer strip at least 50 feet in depth in addition to the normal lot depth required shall be provided adjacent to all railroads and limited access highways. This strip shall be a part of the platted lots, but shall have the following restrictions lettered on the face of the plat. "This strip reserved for the planting of trees or shrubs by the owner, the building of structures hereon is prohibited." 16. Utilities All Utilities shall be installed underground. Underground utilities to be located inside the street right-of-way shall meet the standards established by the North Carolina Department of Transportation, Division of Highways. PasquotanL County Subdivision Rcc)utati,ons Page 26 17. Fire Hvdrants ' Fire hydrants are to be installed every 1,000 feet apart, or no further than 500 feet from any lot within the subdivision. 18. Solid Waste Collection Site Dedications A. Minimum Number of Solid Waste Dedications A solid waste collection site shall be transferred by deed to the county in I I sufficient size and number to comply with other provisions of this ' Ordinance. All Dedications shall be free and clear of any lien, lease, deed of trust, or any other encumbrance. ' B. Location If available each solid waste utility collection site shall be located adjacent to a minor street within the subdivision to be served and shall be located in an ' inconspicuous manner so not to encourage use from persons other than subdivision residents. C n C. Size The size of the required collection site shall be determined by the number of solid waste containers required. 1. Minimum Containers A collection site for one (1) solid waste container (six [6] cubic yard) shall be provided for the first lot exceeding six lots in any subdivision; thereafter an additional container shall be required for each additional twenty (20) subdivided lots or portion thereof. 2. Size of Collection Site a. One or two container site 1) Site containing two or less containers may be located at street edge, providing that each container be set back a minimum of twenty (20) feet from the surface of the street to insure that the front axle of the compactor vehicle is clear of the pavement surface during tipping operations. 2) Sufficient lateral space shall be provided to allow a three foot separation between containers and any screening improvements. b. Sites containing more than two containers Sites containing more than two containers shall provide sufficient off-street space to allow compactor to carry out Pasquotank County Subdivision Regulations Page 27 tipping operations clear of street rights -of -way and to re- enter the street system in a forward direction. D. Solid Waste Collection Site Development Standards Surface At a minimum the surface of all easements must have a base of rock or marl, either Crush and Run or ABC, to a depth of at least eight (8") inches or meets state standards for paved roads. 2. Screening a. One or two container easements 1) Collection Site with less than two containers must be screened to a height of eight (8) feet on three sides. 2) Screening must completely obscure containers from view of these three sides. 3) If landscaped screening is used, it must be constructed of plant species of sufficient growth capability and maturity to achieve required screening height and density to meet the requirements of this Ordinance within three years of planting. This required capability must be verified by a signed statement from the County Agricultural Extension Office. b. Sites with more than two containers 1) Sites with more than two containers must be screened to a height of eight (8) feet. Containers must be placed and screening arranged so as to totally screen containers from view. 2) Screening construction standards shall be the same as those described for one and two container easements 3. Access and Egress Entrances and exits of all off-street Collection Site shall have a minimum width of twenty-four feet (24'). Culverts used in entrances and exists of off-street sites must be rated at a load limit exceeding fifty-five thousand pounds (55,000 lbs.). 4. Overhead Clearance All sites and entryways must be free of all overhead obstructions to a height of twenty feet (20'). I Pasquotank County Subdivision Regutati.ons Page 28 1 E. Alternative Procedure: Money in Lieu of Land ' The County will accept as an alternative to the donation of a Solid I Waste Collection Site a cash payment of $75 for each lot platted in I the subdivision. Such cash payments shall be placed in a Solid Waste Improvement Fund to be established by the County. Such i deposits shall be used for the acquisition of land for solid waste deposit facilities and the construction or installation of necessary ' improvements and equipment. Such deposits must be used for facilities that will be actually available to and benefit the persons in said subdivisions and located in the general vicinity of the ' subdivision. ' Article V: DEFINITIONS Subdivision ' All divisions of a tract or parcel of land (in addition to the undivided remaining portion of the original undivided tract) into two or more lots, building sites, or ' other divisions fok the purpose of residential development, whether immediate or future, of sale, or building development, and shall include all divisions of land involving the dedication of a new street or a change in existing streets; provided, however, that the following shall not be included within this definition nor be subject to the regulations prescribed by this ordinance: a) The combination or re -combination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are ' equal to or exceed the standards of the County as shown by the regulations prescribed by this Ordinance. ' b) The division of land into parcels greater than ten acres where no street right- of-way dedication is involved. ' c) The public acquisition by purchase of strips of land for the widening or opening of streets. ' d) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved, and where the resultant lots are equal to or exceed the standards of the County, as shown by the subdivision regulations ' contained in this Ordinance. e) The gift by a property owner of a single lot to his or her child or parent or to each of his or her children or parents where no new road is involved. General ' For the purpose of this Ordinance, certain terms and words used herein shall be used, interpreted and defined as follows: Alley - A strip of land, owned publicly or privately, set aside primarily for vehicular service access to the back or side of properties otherwise abutting on a street. PasquotanL County Subdivision ReguLations Page 29 Authorized Agent ' - One who is acting as representative for, or by the authority of the subdivider. Block. - A piece of land bounded on one or more sides by streets or roads. ' Board of Commissioners - The Board of County Commissioners; County Board of Commissioners; the I ' governing body of the County of Pasquotank, North Carolina. I Buffer Strip - An area of land that shall not be developed, required to separate land uses deemed incompatible Front yard set backs and side yards are examples of buffers. In some Icases additional screening, landscaped or otherwise may be required. Building Setback Line - A line parallel to the front property line which establishes the minimum allowable distance between nearest portions of any buildings, 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. Collector Street - A street which serves as the connecting street system between local residential streets and the thoroughfare system. Corner Lot ' - A lot which occupies the interior angle at the intersection of two (2) street lines. I The street line forming the least frontage shall be deemed the front of the lot except where the two (2) street lines are equal, in which case, the owner shall be required ' to specify which is the front when requesting a building pen -nit. Cul-de-sac ' - A short street having one end open to traffic and the other end being permanently terminated and a vehicular turn -around provided. Dedication ' - A gift, by the owner, or a right to use of land for a specified purpose or purposes. Because a transfer of property rights is entailed, dedication must be made by written instrument and is completed 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 consequences and responsibility as to maintenance and construction of proposed roadways. Double Frontage Lot - A continuous (through) lot which is accessible from both streets upon which it fronts. ' PasquotanL County Subdivision R¢gutati,ons Page 30 I, Easement - A grant by the property owner for use by the public or others of a strip of land for ' specified purposes. Interior Lot - A lot other than a corner lot with only one frontage on a street. Lot I - A portion of a subdivision or any other parcel of land intended as a unit for transfer of ownership or for development, or both. The word "lot" includes the ' word "parcel" or "plot". ' I Lot of /Record - A lot which is a part of a subdivision, a plat of which has been recorded in the i Office of the Register of Deeds of Pasquotank 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 Plan or Comprehensive Plan) - Any maps or plans officially adopted by the County Board of Commissioners as a guide for the development of the County. u ty. ' Open Space - A area (land and/or water) generally lacking in man-made structures and reserved for enjoyment in its unaltered state. ' Planned Unit Development - A land development project comprehensively planned as an entity via a unitary site plan which permits flexibility in building siting, mixtures of building types and land uses, recreational areas and useable open spaces and the preservation of significant natural features. Included within this definition shall be planned unit residential developments and planned unit non-residential developments or combination thereof. Planning Board - The Planning Board of Pasquotank 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". ' Plat, Final - A map of land 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 proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the prosed subdivision of land, ass prescribed by this Ordinance. ' Pasquotank. County subdivision Regulations Page 31 Private Driveway - A roadway serving two (2) or fewer lots, building sites or other division of land and not intended to be public ingress or egress. Public Sewage Disposal System - A system serving two (2) or more dwelling units and approved by the Pasquotank County Health Department and the North Carolina Department of Natural Resources and Community Development. Recreation Area or Park - An area of land or combination of land and water resources that is developed for active and/or passive recreation pursuits with various man-made features that accommodate such activities. 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. Reversed Frontage lot ! - A lot on which the frontage is at right angles or approximately right angles j (interior angles less than one hundred thirty-five (135) degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot or a through lot, Shall -'Me word "shall" is always mandatory and not merely directory. Single -Tier Lot - A lot which backs upon a limited access highway, a railroad, a physical barrier, or another type of land use and to which access from the rear is usually prohibited. Streets - A right-of-way dedicated to the public for vehicular traffic. Freeway, Expressway, or Parkway ' - Divided mull -lane roadway designed to carry large volumes of traffic at relatively high speeds. A freeway providing for continuous flow ofa vehicles with no direct access to abutting property or streets and with access ' to selected crossroads provided via connecting ramps. A expressway is a divided highway with full or partial control of access and generally with grade separations at major intersections. A parkway_ is a highway for non- commercial traffic, with full or partial control of access, and usually located within a park or a ribbon of park -like development. Frontage Road ' - A street that is parallel to a fully or partially access controlled street which functions to provide controlled access to adjacent land. ' Half Street - A street whose center line coincides with a subdivision plat boundary, with one-half (1/2) the street right-of-way width being contained within the subdivision plat. Also, any existing street to which the parcel of land to be subdivided abuts on only one side. Pasquotank County Subdivision Regulations Page 32 i Principal Arterial - A rural link in a network of continuous routes serving corridor movements having trip length and travel density characteristics indicative of l substantial statewide or interstate travel and existing solely to serve traffic. i This network would consist of interstate routes and other routes designed as ' principal arterials. 1 Residential Collector Street ' - A local access street which serves as a connector street between local residential streets and the thoroughfare system. Residential collector streets 1 typically collect traffic from 100 to 400 dwelling units. ' 1 Private Street - An undedicated private right -or -way which affords access to abutting properties and requires a subdivision streets disclosure statement in ' accordance with G.S 136-102.6. Major Collector -- A road which serves major intra-county travel corridors and traffic ' generators and provides access to the arterial system. Major Thoroughfares ' - Major thoroughfares consist of interstate, other freeway and expressway links, and major streets that provide for the expeditious movement of volumes of traffic within and through urban areas. ' Minor Arterial - A rural link in a network joining cities and larger towns and providing ' intrastate and intercounty at relatively high overall travel speeds with minimum interference to through movement. This network would primarily serve traffic. i Minor Collector A road which provides service to small local communities and links locally ' important traffic generators with their rural hinterland. ' Minor Street - A street whose primary function is to provide access to abutting properties and is designed to discourage use by through traffic. Minor streets may ' also be referred to as "neighborhood" streets. Minor Thoroughfares ' - Minor thoroughfares are important streets in the urban system and perform the function of collecting traffic from local access streets and carrying it to the Major Thoroughfare system by facilitating a minor through traffic movement and may also serve abutting property. Local Residential Street ' - Cul-de-sacs, loop streets less than 2,500 feet in length, or streets less than one mile in length that do not connect thoroughfares, or serve major traffic generators, and do not collect traffic from more than 100 dwelling units. 1 I Pasquotank County Subdivision Regutations Page 33 Local Street - A local street is any link not part of a higher -order urban system which serves primarily to provide direct access to abutting land and access to higher systems. Arterial Street - A street connecting widely separated areas and designed to carry a large volume of traffic which may be fast, heavy or both. Arterial streets are sometimes referred to as "major thoroughfares", "freeways", etc. and are usually numbered State or Federal Highways. Structure - Anything constructed or erected, the use of which requires more or less permanent location on the ground of which is attached to something having more or less permanent location on the ground. Subdivider - Any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision as defined in this Ordinance. Subdivision Administrator - That person appointed by the County Commissioners to administer the provisions.. _ of this Ordinance. Subdivision Review Committee - A committee consisting of three members and the Subdivision Administrator, which will review minor plats for approval. 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. Through Lot or a "Double Frontage Lot" - A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lot. Pasc{uotank County Subdivision Regulations Page 34