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Home My WebLink AboutSubdivision Regulations-1978 PERQUIMANS COUNTY SUBDIVISION REGULATIONS Prepared For THE CITIZENS OF PERQUIMANS COUNTY PERQUIMANS COUNTY BOARD OF CQNNISSIONERS Lester H. Simpson, Chairman Riley S. Monds, Jr. Guy H. Webb Joseph W. Nowell, Jr. 0. Waldo Winslow By PERQUIMANS COUNTY PLANNING BOARD John Coston, Chairman Floyd Matthews, Sr. Silas Whedbee Trenton Winslow Dewey Perry, Jr. Ed Nixon Richard Bryant, Ex-Officio Bill Phillips, Ex-Officio Sam Long, Ex-Officio TECHNICAL ASSISTANCE North Carolina Department of Natural Resources $ Community Development Keith Painter, Project Planner Juanita Tripp, Secretary Mike Yount, Draftsman TABLE OF CONTENTS Page ARTICLE I GENERAL PROVISIONS . . . . . . . . . . . . 1 Section 1. PURPOSE . . . . . . . . . . . 1 Section 2. . . . SHORT TITLE . . . . . . . . . . . 1 Section 3. AUTHORITY AND ENACIM Wr CLAUSE . . . . . . . 1 Section 4. JURISDICTION . . . . . . . . . . . ... . . . 1 ARTICLE II DEFINITIONS, . . . . . . . . . . . . . . . . 2 Section 1. SUBDIVISION . . . . . . . . . . . 2 Section 2. . . OTHER DEFINITIONS . . . . . . . . . . . . 2 Section 3. WORD INTERPRETATIONS . . . . . . . . . . . . 5 . ARTICLE III PROCEDURE FOR SECURING APPROVAL OF SUBDIVISION PLAT . . . . . . . . . . . . . 6 Section 1. SKETCH DESIGN PLAN . . . . . . ... . . . 6 Section 2. PRELIMINARY PLAT . . . . . . . . .. . . . . . 1 7 Section 3. FINAL PLAT . . . . . . . . . . . . . . . . . 10 ARTICLE IV IMPROVEMENTS REQUIRED AND MINIMLH STANDARDS OF DESIGN . . . . . . . . . . . . . 20 Section 1. SUITABILITY OF LAND . . . . . . . . . . . . 20 Section 2. BLOCKS . . . . . . . . . . . . . . . . . . 21 Section 3. LOTS . . . . . . . . . . . . . . . . . . 21 Section 4. EASEMENTS . . . . . . . . . . . . . . . . 23 Section S. MONUMENTS . . . . . . . . . . . . . . . . . 23 Section 6. STREETS . . . . . . 23 Section 7. WATER SYSTEMS .:. 27 Section 8. OVERSIZED IMPROVEMENTS 27 Section 9. STORM WATER DRAINAGE 27 Section.10. CONSTRUCTION PROCEDURES . . . . . . . . . 28 ARTICLE V WATERFRONT SUBDIVISIONS . . . . . 29 ARTICLE VI ADMINISTRATIVE AND LEGAL PROVISIONS 30 Section 1. DUTY OF REGISTER OF DEEDS 30. Section 2. DUTY OF TAX SUPERVISOR . . . . . . . 30 Section 3. PENALTJES �UNTIL*FINAL 30 Section 4. NO SERVICES APPROVAL 31 Section 5. EFFECT ON DEDICATIONS . . . . . . . . . . . 31 Section 6. EXCEPTIONS . . . . . . . . . . . . . . 31 Section 7. VARIANCES . . . . . . . . . . . . . 31 Section 8.. AMLNIMTNT PROCEDURE . . . . . . . . . . . . 32 Section 9. SEPARABILITY . . . ... . . . . . . 32 Section 10. ABROGATION AND CONFLICT . . . . . . . . . . 32 Section 11. EFFECTIVE DATE . . . . ... . . . . . . . 0 . 32 El ARTICLE I GENERAL PROVISIONS Section 1. PURPOSE The purpose of these regulations is to guide the subdivision of land within the limits of Perquimans County in order to promote the public , health, safety, and general welfare of the community. They are designed to lessen congestion in the streets and highways; to further the orderly layout and use of land; to insure proper legal description and proper. monumentation of subdivided land; to secure safety from fire, flood,.panic,.: and other dangers; to provide adequate light and air; to prevent the over- crowding of land and avoid undue concentration of population; to facilitate adequate provisions for transportation, water,•sewerage, parks, schools, playgrounds and other public requirements; and to facilitate the further resubdivision of larger tracts into small parcels of land. Section 2. SHORT TITLE This ordinance shall be Down as the Subdivision Re lations of Perquimans County, North Carolina, and may —Fe- cited as the Su x iv is on egulations. - Section 3. AUTHORITY AND ENACTMENT CLAUSE The Board of Commissioners of Perquimans County pursuant to the authority conferred by an act of the General Assembly of the State of North Carolina (General Statutes, Chapter 153A, Article 18) does hereby ordain and enact into law these Articles and Sections Section 4. JURISDICTION These regulations shall govern each and every subdivision of land, occurring on or after October 2, 1978, lying within the county and outside the subdivision regulation jurisdiction of any municipality, and the.sub- division of land within the subdivision regulation jurisdiction of any / municipality whose governing body by resolution agrees to such regulation. _ _ 1 a ARTI(:LE II DEFINITIONS Section 1. SUBDIVISION For the purposes of these regulations, the term "subdivision" shall mean all divisions of a tract or pa-ree-l--o,f_land-.into'-two--or--iitare---lots, building sites, or other divisions for the purpose of sale, or building development (whether immediate or future) and shall include all division of land involving the dedication of a new street or a change in existing streets, but the following shall not.be included within this definition nor he subject to the regulations established herein: (a) the combination or recombination 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 1 the county as shown in its subdivision regulations; L� (b) the division of land into parcels greater than ten (10) acres �where no street right-of-way dedication is involved; (c) the public acquisition by purchase of strips of land for the widening or openings of streets; (d). the division of a tram_r,ownership whose entire area y� its no greatethan twre into not more than three (3) lots, where no street -way dedication is involved and t'J where the resultant lots are equal to or exceed the standards of the county, as shown in these subdivision regulations; and the gift by a parent of a single lot to his or her child or each of his or her children new is involved. where no road �� c.�a-� tri.� .4.�,•<.� ,Qj�„��-i �yc., �-4_.�Lc�, ,(,-•C ,}-�F.:-t, ��.t.....u— Q-- Section 2. ��.)-►.�+�•� (-S.J�.iJ �-. •.i J�1 1�. t.J1^• CJ.'J G'�'�w l•�, t.+.� (i•<--r 1. �t bt�•�.:I't �.M� ��. e�--_ 0T'flliIt DEFINITIONS 2.1 Building line or setback line - a line or lines on a lot designating tie area outside of w i uildings may not be erected. �r .2 Dedication - a gift by the owner of his property to another party: without consideration being given.for the trcL.nsfer. Since a } transfer of property is involved, the dedication is made by -written instrument and is coiq)leted with �ui acceptance.,,; �% �i O�Q.,;L�t.ec��:e�-ra /'u^••e� � /LCGve.�.e.r. G.—. ��t ��,Ci 2.3 Easement - a grant by the property owner to 'lie public, a corporation or persons, ,� die^use of a parcel of land for s ocific purposes. 2 L 244 Groin development - a type of land development permitted by special provisions of this ordinance whereby a single type or �. a variety of residential or commercial structures are planned and 'developed as a unit on a single lot, tract or parcel of land, and designed for occupancy by separate families, business firms Gs1'� and/or other enterprises. (Sometimes referred to as planned unit development.) 2.5 Lot - 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 "plot" or "parcel." 2.6 Lot, corner - a lot located at the intersection of and abutting on two or more streets. 2.7 Lot double frontage or reverse frontage - a lot which runs t rough a block from street to street and which has two non - intersecting sides abutting on two or more streets. 2.8 Lot, single -tier - a lot which backs upon a highway, railroad, physical barrier, or a non-residential use and to which access from the rear of the lot is generally prohibited. 2.9 Official maps or plans - any.maps or plans officially adopted by t—he PPerquimans County Board of Commissioners as a guide for the development of the county. 2.10 Open space - an area (land and/or water) generally lacking in manmade structures and reserved for enjoyment in its unaltered state. 2.11 Planning Board and County Commissioners - the Planning Board and County Commissioners of Perquimans County. 2.12 Plat - a map or plan of a tract or parcel of land which is to be, or which has been subdivided. 2.13 Plat preliminary - a map of a proposed land subdivision showing character - antic proposed layout of the tract in' sufficient detail to indicate the suitability of the proposed.subdivision of land. See Article III, Section 2. 2.14 Plat, final a map of a land subdiris i.(ri prepare'l in a form suitable for filing of record with necessary affidavits, dedications, and acceptances,. and with complete bearings and d.imer�sions of all lines defining lots and blocks, streets and alleys, public areas, and other dimensions of land. See Article III, S4_;ction 3. 3 2.15 Reservation �- an obligation to keep property free from development or a stated period of time. A reservation of land does not in- volve any transfer of property rights. 2.16 Street - a dedicated right-of-way for vehicular traffic. 2.16-1 Rural Road (a) Principal Arterial. A rural link in a network of continuous routes serving corridor movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel and existing solely to serve traffic. This network would consist of interstate routes and other routes designated as principal arterials. (b) Minor Arterial. A rural link in a network joining cities and larger towns and providing intrastate and inter -county service at relatively high (55 mph) over- all traffic speeds with minimum interference to through movement. 'Phis network would primarily serve traffic. (c) Major Collector. A road which serves major intra- county travel corridors and'traffic generators and -provides access to the arterial system. (d) Local Road. A local road serves primarily to provide access to adjacent land and for travel over relatively short distances. 2.16-2 Urban Street (a) Major Thoroughfares. Major thoroughfares consist of interstate, other freeway and expresisway links, and major streets that -provide for the expeditious move- ment of volumes of traffic within and through urban areas. (b) Minor Thoroughfares. Minor thoroughfares are important streets in the city system and perform the function of collecting traffic from local access streets and carrying it to the Major Thoroughfares system. Minor thoroughfares may be used to supplerront the Major 'Ilioroughfarf.; system by facili.ta .fio ,;.or through - traffic movement and may also serve abutting property. (c) Local Street.. A local street serves primarily to pro- vide direct access to abuttin; 1:ind .e-id access to higher systems. It offers tl:;,, lt.weat level of mobility. Through traffic is usually d::I.iL•: rat: 1r discouraged. 4 2.16-3. Specific Type Rural or Urban Street ., (a) Cul-de-sac. A cul-de-sac is a short street having but one end open to traffic and the other end being per- manently terminated and a vehicular turn -around provided. p�,+y (b) Frontage Road. A frontage road is a local street or 0 road that is parallel to a full or partial access con- trolled facility and functions to provide access to adjacent land. (c) 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. (d) Expressway. An expressway is a divided street or ;road which serves through traffic with full or partial control of access and generally with grade separations at intersections; however, infrequent at -grade crossings may be permitted. (e) Freeway. A freeway is a divided street or road which serves through traffic with full control of access and with grade separations at intersections. 2.17 Subdivider - any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision as herein defined. • 2.18 Subdivision ,Review Officer - Enforcement officer for these regulations, the representative of the Planning Board responsible for scheduling and directing plat review, making inspections, maintaining plat review files. This officer shall he n_vned by the Perquimans County Board of ConIInissioners to serve at their pleasure. Sectiun 3. WORD INTERPRETATIONS For the purpose of this ordinance, certain words shall be interpreted as follows: The word "may" is permissive. The words "shall" and "will" are mandatory. The present tense includes the future tense, and the future tense includes the present tense. The singular includes the plural, and the plural includes the singular. 5 i 1. . REVISIONS OF ARTICLE III OF THE SUBDIVISION RULES AND REGULATIONS Adopted'January 21, 1980 PROCEDURE FOR SECURING APPROVAL OF SUBDIVISION PLAT. ( No plat of a subdivision -located within the subdivision juris- 3iction of Perquimans County shall be accepted for recordation by -the Perquimans County Register of Deeds until final plat approval has been liven by the Perquimans County -Board of Commissioners or the Perquimans County Subdivision Review Officer. To obtain plat approval the subdivider shall follow one of the two following methods of.procedure. 5ubarticle A. OPTIONAL REVIEW PROCEDURE/SUBDIVISION REVIEW OFFICER Section l.- QUALIFICATION A subdivider may apply to,the Subdivision Review Officer for one step final plat approval in such cases where said subdivision: (a) involves not more than four (4) lots.fronting on a state maintained road; and (b) 'does hot - constitute the enlargement of a previously platted subdivision to more than four (4) loto and (c ) does not involve any nett street or prospectively require any new street . for access to, interior. property;... and (d)•-does not -.require extension of public water or sewerage lines • or.the creation of new drainage easements; and (a), does not adversely affect the remainder of'the parcel or of adjoining property. All lots subdivided from a tract since January 1, 1976,shall be included in determining when the four ( ) lot maximum �as been exceeded and when the,full review procedure shall be required of a subdivider. Section 2. MIR$UNIS . . Nhere-a;suaaivia1on qualifies, for. optional review,procedures under the above section,. the Subdivision Review Officer may grant final pUt approval where the subdivision plat meet`s the following requirements: (a) has been approved by the county sanatarian; or other health department representative, as to proposed water and sewerage Systems; and (b) -- bccai reviewed by the Local Coastal Area Permit Officer as to the applicability of the North Carolina Coastal Area Hanagement Act; and Page 2 (c) exhibits signed•certificates required by Sections 3.4-2. 3.4-4, 3.4-5•1 3.4-6. and 3.4-9 of this Article (panes 12.-1' and (d) complies with "Required Contents" as set for th rth in Section 3.3 rj of this Article (pages 14-15), and.in addition thereto exhibits a vicinity sketch inset drawn to a scale of not less than one (1) inch to four hundred (400) feet and indicates the relationship of the lot(s) shown thereon to the remainder of the tract from which it (they) were taken, and such lot(s) relationship to any 1 previously platted lots taken from the original tract; and (e) complies with all the lot design requirements established by Section 3, Article IV of this ordinance (pages 21-22). Subarticle B. FULL REVIEW PROCEDURE/PLANNING BOARD BOARD OF (atlISSIONERS All subdivisions which do not meet the qualifications of Subarticle A, Section 1, shall follow the review procedure set forth by this Subarticle; Section 1. SiQrCM DESIGN PLAN 1.1 Review Procedure 1.1-1Tha subdivider shall submit a sketch plan to the Planning Board through ;the Subdivision Review Officer prior to submitting a preliminary plat. 1.1--2 At his first meeting w"th the Planning'•Board, the subdivider shall discuss his ideas -.and concepts regarding the.proposed subdivision. .1.1-3 The Planning Board shall review the sketch design plan for general compliance with the requirements of this ordinance and other county ordinances. 1.1-,4 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. 1.1-5 The developer is urged at this. time to consult with the County Health Department about the suitability of his land for wastewater disposal. 1.2 Required Contents Sketch plans shall conform to the-followini requirements: 1.2-1 The sketch design *shall be drawn at a scale of approxi- mately one (1) inch to two hundred (200) feet. a, j 1.2-2 The sketch design shall show existing and tentative street. layout, other rights -of -way and easements, lot arrangements, existing structures, water courses, sites dedicated for parks, schools, churches, or other public and semi-public uses. 1.2-3 Data shall be given regarding acreage in total tract, average lot size, and acreage left in open space or other uses. 1.2-4 A sketch map showing the relationship between the subdivisions and the surrounding area shall also be submitted, including information on the streets and lots of adjacent developed or platted properties. Section 2. PRELDIINARY PLAT 2.1 Review Procedure 2.1-1 The subdivider shall submit to the Subdivision Review Officer, at least fifteen (15) days prior to a regularly scheduled Planning Board meeting, a preliminary plat of the proposed subdivision. 2.1=2 Upon submission of the preliminary plat for processing by the Planning Board, the subdivider shall pay a processing fee of $10.00 to Perquimans County. 2.1-3 At least six (6) black or blue line prints of the proposed subdivision shall be prepared in accordance with the re- quirements of this ordinance and two (2) signed statements j� describing the proposed use of the land and a draft of any protective covenants to be applied to the subdivision shall ' be submitted. 2.1-4 The Subdivision Review Officer shall schedule consideration of the preliminary plat at the next Planning Board meeting, conditional upon 2.1-1. 2.1-5 The developer and his engineer are welcome to attend the Planning Board meeting to discuss any points which may arise in connection with the, submitted preliminary plat. 2.1-6 It shall be the duty of the planning Board and its Secretary to insure that the following agencies have an opportunity to review and report their findings concerning the proposed plat before approval is given. Failure on the part of such agencies to act within thirty (30) days after the preliminary plat is submitted for their consideration shall be' deemed as approval. (a) The District Highway Engineer as to proposed streets, highways, and drainage systems; (b) The County Health Director as to proposed water and sewerage systems; (c) The County School Superintendent as to proposed school sites; (d)• The local Coastal Area Management Act Permit Officer as to the applicability of the North Carolina Coastal Area Management Act; (e) Such other agencies and officials as the County Board of Commissioners may deem, from time to time, necessary or desirable. 2.1-7 After considering any report and/or recommendations received in connection with all subdivisions in.addition to any comments which the subdivider may have, the Planning Board shall approve, approve conditionally, or disapprove the preliminary plat and shall so notify the subdivider. (a) If approved conditionally, the conditions and reasons thereof shall be stated and, if necessary, the . Planning Board may request the subdivider to submit a revised plat. (b) If the Planning Board should disapprove the prelim- inary plat, the reasons for such action shall be stated, and recommendations made on the basis of. which the proposed subdivision could be approved. 2.1-8 Failure on the part of the Planning Board to act within sixty-five (05) days after the preliminary plat is submitted to the Planning Board shall be deemed as - approval by the Planning Board. 2.2 Required Contents The preliminary plat shall be prepared by a registered surveyor or an engineer and shall be drawn in pencil or ink at a scale = �� .no less than one (1) inch to one hundred (100) feet and shall show or be accompanied by the following information: 2.2-1 The location of existing and platted property, buildings, streets, railroads, bridges, culverts, water courses, transmission lines, sewers, drainpipes, water mains, town and county boundary lines, and other public utility easements. Existing and platted streets on adjoining property shall be illustrated. 2.2-2 Boundaries of tracts shown with bearings, distances, and closures. 2.2-3 Wooded areas,,ponds or lakes, streams or stream beds, �- marsh swamp, flood plain, and any other physical • conditions affecting the site. 2.2-4 Existing zoning classification, if any, both on the land to be subdivided and on adjacent. land. 2.2-5 Names of adjacent property owners or subdivisions. 2.2-6 Proposed streets, street names, rights-of-way,'pavement widths, and approximate grades. Those streets that are to be dedicated to the public and those streets that are to be private shall be indicated as such. 2.2-7 Locations of proposed utility lines (storm and sanitary sewers, water, gas, electricity, and telephone) showing connections to existing supply and disposal system or planned supply and disposal systems. In the case of water and sewer, the size of lines to be used must be shown. 2.2-8 The Iocation, widths, and purposes of other proposed rights -of -way or easements. 06 2.2-9 Proposed areas for parks, school sites, or public open ( spaces, if any, and their future ownership. • 2.2-10 Proposed lot lines, lot and block numbers, and lot dimensions. 2.2-11 Proposed minimum building setback lines. - 2.2-12 Title, date of plat preparation, magnetic and true north arrours, graphic scale, the name (s) of township (s) , county, and state in which the subdivision is located. 2.2-13 Name of .owner, surveyor, engineer, or land planner. Proposed name of subdivision, if any. 2.2-14 Data shall.be given regarding acreage in total tract to be subdivided or developed; acreage in park or other public usage, other than streets or easements; minimum lot size; maximum lot size; average lot size; total number, of lots; linear feet in streets; linear feet in other easements. 2.2-15 A vicinity map showing the relationship between the L41 subdivision and the surrounding areas at a scale of one (1) inch equals four hundred (400) feet. 2.2-16 The preliminary plat should be accompanied by a copy of any proposed deed restrictions or similar covenants is -hen deemed necessary by the Planning Board (mandatory when private recreation areas or private streets are established). 2.2-17 Any other information considered by either the subdivider or the Planning Board to be pertinent to the review of the preliminary plat. Section 3. FINAL PLAT 3 :1---Re vieW--P-rotedure 3.1-1 Guarantee of Improvements - No -final plat shall be accepted for review or approved unless and until the subdivider shall have installed in that area represented on the final plat all improvements required by this ordinance or shall have guaranteed their installation as provided for in paragraphs (a), (b), below: . (a) Performance Guarantee - In lieu of prior construction Page 7 4 (2, of the improvements required by this ordinance, the County Commissioners or their duly authorized repre- sentative may, for the purpose of approving a final plat, accept a guarantee from the subdivider that such improvements will be carried out according to Perquimans County specifications at the subdivider's expense. Such guarantee may be in the form of: (1) A surety bond made by a surety licensed to do business in North Carolina; or (2). A certified check drawn in favor of Perquimans County; or (3) Cash deposited in an escrow account with Per)iq'imans County; or (4) A certified irrevocable line of credit from a properly insured financial institution; or (5) Any other method deemed appropriate by the County Commissioners. Such guarantee shall be in an amount of not less than 100% nor'more than 125% of the estimated cost of the construction'of the required improvements. Determina- tion as to the appropriate method and amount of guarantee shall be made by the County Commissioners. Performance guarantees shall run for a period of one year upon written approval from the County Commissioners or their representative. If, at the end of the determined time, the improvements have not -been made, the county shall be paid the determined amount and the interest that has accrued since the time of plat approval. When the improvements have been made as specified in this ordinance and.if cash has been deposited with the county, the amount of guarantee and the interest accrued is to be paid to the subdivider, or portions of the security deposit may released as work progresses. (b)Maintenance Guarantee - T Supe�y r-eovrt--G+erk shall secure from all subdividers a letter, in which said subdivider shall agree to maintain the required improvements of this ordinance until such time .as: 1) In the case of streets, the streets of the sub- division are accepted by the State Division of Highways for maintenance; 2) In the case of other improvements, the improve- ments are accepted by the County Commissioners for maintenance; or 3) The required improvements (including streets) of this ordinance are accepted for maintenance by a property owners' association that is recog- nized and approved by the Perquimans County Commissioners. 3.1-2 The subdivider shall submit to the Subdivision Review Officer at least fifteen (15) days prior to a regularly scheduled meeting at least six (6) black or blueline prints of the final plat and two original linen or mylar G tracings or reproducible copies on the same type of material 0/ in accordance with provisions of this ordinance, within twelve (12) months after approval of the preliminary plat by the Board of Commissioners; othenrise, such approval of the preliminary plat shall become null and void unless a written extension of this time limit is granted by the �Planning Board on or before the one-year anniversary of the approval. �. r 3.1-3 On application for final platCrocess,g, the subdividershall pay an inspection fee o0 r $3.00 er acre in the subdivision, whicheverer;`--l-o-Terquimans County. 3.1-4 The final plat shall conform substantially to the approved • preliminary plat. If the submitted final plat deviates in its overall design from the approved preliminary plat, it shall be considered by the Planning Board at its next regularly scheduled meeting as a preliminary plat. 3.1-5 The final plat shall be reviewed by the Planning Board for compliance with the approved preliminary plat. The Planning Board may appoint an engineer to check the final plat against the subdivision's actual layout for the correctness, charging the costs to the subdivider if the plat is found to be seriously in error. (a) If the final plat is in compliance with the ordinance, and the Planning Board appro-ved any changes made from the approved preliminary plat, the Chairman of the Planning Board shall transmit the final plat, together with the Planning Board's recommendations, to the County Commissioners for final action. (b) If the, final plat is not in co liance with this or finance, or the Planning Board does not approve the { changes from the approved preliminary plat, the sub- divider shall be given an opportunity to submit a • revised final plat. If a revised final plat is not submitted within 30-days, the Chairman of the Planning Board shall transmit the final plat, together with the Planning Board's recommendations, to the County Commissioners for final action. Such recommendations shall .specify how the final plat is not in compliance — \ with the ordinance and any unapproved changes from the approved preliminary plat. (c) If the Planning Board fails to act on the final plat within the sixty-five (65) days after its submission, the subdivider may seek final approval of the plat at the next regularly scheduled meeting of the Board of Commissioners. 3.1-6 The final plat, and the recommendations of the Planning Board, shall be reviewed by the County Commissioners. The Commissioners shall approve or disapprove the final plat within forty-five (45) days after it has been received from the Planning Board. (a) Approval of the final plat is -authorization for the subdivider to file the plat with the Register. of Deeds. The final plat must be recorded by the subdivider with the Register of Deeds of Perquimans County within • sixty (60) days after approval by the Board of Commissioners; otherwise, such approval of the final plat becomes null and void. (b) If the County Commissioners should disapprove the final plat, the reasons for such action shall be noted and recommendations made on the basis of which the pro- posed subdivision would be approved. (c) No final plat shall be approved until all required improvements are installed or their installation guaranteed as provided in this ordinance, the in- spection fee has been paid, and the certificates required by this ordinance to appear on the final plat have been properly filled out and signed. 3.1-7 After the Board of Commissioners has approved the final plat, two prints of the plat shall be returned to the subdivider, the linen or mylar tracing or reproducible copy on some type of material shall be retained by the �i II. coil I OZIOZ112-kif M- Four Lots on a State Road A. The County Manager may approve for sale up to four lots on a State Road. The'owner must have the following items completed before approval may be given for sale: 1. Have a surveyor to draw up a plat showing number of lots and lot sizes. 2. If the property is within 75 feet of water; the property owners should check with the C.A.M.A. office for approval, if required by him. .3. The lot size must be approved by the District Health Department for a septic tank; tiling may be required. 4. When the above things have been done; bring the above plat showing approval signatures to the County Manager for his signature. When there are more than four lots planned to be sold on a State Road or when. all or a part of the lots are on a road which has not been approvd by the Department of Transportation, the owner must have the following items completed and go before the Planning Board and County. Commissioners for approval, A. Have a surveyor to draw up a plat showing the number of lots, size.and road, if one is planned. B. .All roads must be constructed in regard to the Department of Transportation standards. C. If the County Water Line touches the property; water lines must be run down the new road. See the County Manager for specifications. D. If the property is within 75 feet of water, the property owner should check with the C.A.M.A. office for approval, -if required by him. E. The lot size must be approved by the District Health Department for a. septic tank, tiling may bq required. F. When the above items have been accomplished; call the County Manager to make an appointment to go before the Planning Board. NOTE: This list included only the major items to be completed before going before the Planning Board. Remember, that there may be other minor requirements brought to your attention.by the Planning Board prior to their approval. G. After the Planning Board has given their approval, you will then go before the County Commissioners for final approval. H. Then take the next and final steps: 1. Go to the Register of Deeds office for recording of your plat. 11 Planning Board for its files, and one print shall be forwarded to the Register of Deeds to be used as a check print against the final plat presented to him for recording by the landowner. 3.1-8 The filing or recording of a plat of a subdivision without approval of the Board of Commissioners as P- required by this ordinance, shall be null and void. LTV_ ! 3.2 Resubdivision Procedures For any replatting or resubdivision of land, the sWm,: procedures;; rules, and regulations shall. apply as prescribed herein for an original subdivision. Lot sizes may, hasever, be varied on an -approved plan after recording, provided that (a) no lot or tract of land shall be created or sold that is smaller than the size shown on the approved plan; (b) drainage, easements, or rights - of -way shall not be changed; (c) street alignment and block sizes shall not be changed; (d) the property line between the back of the lots shall not be changed; (e) the rear portion of lots shall -not be subdivided from the front parts; (f) the character of the area shall be maintained. 3.3 Required Contents 3.3-1 The final plat shall be prepared by a registered' surve),or or engineer and shall be drawn at a scale no less than one (1) inch to one hundred (100) feet. • 3.3-2 The final plat shall show the information set forth in the following paragraphs (a)--(k). Plats not illustrating or containing the following data shall be returned to the subdivider or his authorized agent for completion and resubmission. (a) The lines and names of all streets and roads. (b) Lot lines, lot sizes, and block numbers with each block numbered consecutively throughout the entire subdivision and the lots numbered consecutively throughout each block. (c) 1Iinii = building setback lines. (d) Reservations, easements, alleys, and sites for other than residential use with notes stating their pur pose,and any limitations. 11 (e) Sufficient data to determine readily and reproduce on the ground the location, bearing, and length of every street line, lot line, boundary line (with error of closure), block line and building line, right-of-way line, easement line, whether curved or straight, and including true and magnetic north point. This should include the radius, centered angles, point of tangency, tangent distance, and arcs and chords of all curved property lines. (f) All dimensions should be to the nearest one -tenth of a foot (1/10) and angles to the nearest minute. (g) Accurate location and description of all monuments, markers, and control points. (h)• The names and locations of adjoining subdivisions and streets, and the location and ownership of adjoining subdivided property. (i) Title, date, name, and location of subdivision and graphic scale. (j) Name of subdivider, and registered surveyor, engineer, or land planner.. (k) Utility layouts for water, gas, sanitary sewer, storm drainage, electrical and phone lines. 3.4 Certification Required The following signed certificates shall appear on or with all copies of the final plat which are submitted for review to the Planning Board by the subdivider with the exception that certi- fication of the streets and community water supply is only necessary in subdivisions that are required to make these improvements. 3.4-1 If the Planning Board approves the final plat, such approval shall be indicated on each copy of the plat by the following signed certificate: 40 L �L Certification of Approval by the -Planning Board The Perquimans'County Planning Board hereby approves the final plat for the Subdivision. Date Mairman Perquimans County Planning Board 3.4-2 If the County Commissioners or the Subdivision Review Officer approves a final plat, such approval shall be shown on each copy of the plat by the following signed certificate: Certificate of Approval for Recordin I hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Regulations for Perquimans County, -with the exception of such variances, if any, as noted in the minutes of the County Commissioners " and that it has been approved for recording in the office of the Register of Deeds. Date Chairman, County Commissioners. or Subdivision,Review Officer 3.4-3 If any subdivision necessitates the construction of new streets to be dedicated to the public -as required by. Article IV, Section 6 of this ordinance, the required sub- division plat shall not be reviewed for approval by the Perquimans County Planning Board without a signed certificate of approval from the North Carolina Department of Transportation, Division of Highways stating that the plans for the subdivision street(s),or the streets as constructed are equal or superior to the current design criteria required for a subdivision street to be accepted onto the state system. Certification of Approval of Public Streets 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 North Carolina Department of Transportation, Division of Highways for the acceptance of subdivision streets onto the state system for maintenance. Date District Engineer North Carolina Department of Transportation, Division of Highways 3.4-4 Certificate of 0►,nership and Dedication I hereby certify that I am the olner of the property shown and described hereon, which is located in the • subdivision jurisdiction of Perquimans County and that I hereby adopt this plan of subdivision with my free consent,'establish minimum building setback lines, and dedicate all streets, alleys, walks, parks, and other sites and easements to public or private use as noted. Furthermore, I hereby dedicate all water lines to Perquimans County. Date Owner (s) 3.4-S Certification of Approval of Water Supply and Sewage Disposal Systems I hereby certify that the water supply and sewage disposal systems installed, or proposed for installation in Subdivision meet necessary public health requirements and are hereby approved. Date County Health Officer or his Authorized Representative .3.4-6 Certificate of Survey and Accuracy I, certify that this map was (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my. super- vision) (deed description recorded in Book , Page , Book , Page , etc.) (Other) ; that-Crror o— closure as calculated by latitudes and departures is 1: ; that the boundaries not surveyed are shown as broken lines plotted from information found in Book , Page ; that this map was prepared in accordance with G.S. 47-30 as amended. Witness my hand and seal this day of A.D., 19 Registered Surveyor or Professional Engineer License or Registration Number 3.4-7 Certificate of Approval of the Design and Installation of Utilities and other !Eq—u-I—re-d Improvements I hereby certify that all utilities and other required improvements have been installed in an acceptable manner and according to County specifications and standards in the Subdivision or that guarantees of the installation o e required improvements in an amount and manner satisfactory to Perquimans County has been received and that the filing fee for this plat in the amount of $ has been paid. Date Subdivision Review Officer or his Authorized Representative 3.4-8 The subdivider shall demonstrate compliance with North Carolina General Statutes 136-102.6 and shall attach.to the final plat the subdivision streets disclosure state- ment that shall be provided to all lot buyers in the subdivision. The disclosure statement shall comply with' the requirements of G.S. 130-102.6(f) as reproduced below or. as subsequently amended. 130-120.6(f) (f) Prior to entering any agreement or any conveyance with any prospective buyer, the developer and seller shall prepare and sign, and the buyer of the subject real estate shall receive and sign an acknowledgment of receipt of a separate instru- ment known as the subdivision streets disclosure statement (hereinafter referred to as disclosure statement). Said disclosure statement shall fully and completely disclose the status (whether i` public or private) of the street upon which — the' the' house or lot fronts. If the street is designated by the developer and seller as a public street, the developer and seller shall certify that the right- of-way and design of the street has been approved by' the Division of Highways, and that the street has been or will be constructed by the developer and seller in accordance with the standards for sub- division streets adopted by the Secondary Roads Council for acceptance on the highway system. If the street is designated by the developer and seller as a private street, the developer and seller shall include in the disclosure statement an explanation of the consequences and responsibility as to maintenance of a private street, and shall fully and accurately disclose the party or parties upon. whom responsibility for construction and maintenance of such street or streets shall rest, and shall further disclose that the street or streets will not,be constructed to minimum standards, sufficient to allow their inclusion on the State Highway system for maintenance. The disclosure statement shall contain a duplicate original which shall be given to the'buyer. Written acknowledgment of receipt of the disclosure statement by the buyer shall be conclusive proof of the delivery thereof. 3.4-9 Certificate of Applicability of the Coastal Area Management Act I hereby certify that the subdivision shown hereon has been found to: (X) fall within the purview of the North Carolina Coastal Area Management Act and its regulations and permitting procedures regarding Areas of Environmental Concern; or to , (X). not fall within the purview of the North Carolina Coastal Area Management Act. (One block must be checked.) Date Local LAMA Permit Officer .L. ARTICLE IV IMPiWBO fS REQUIRED 'AND MINIMUM STANDARDS OF DESIGN Section 1. SUITABILITY OF LAND Land subject to flooding, improper drainage, erosion, or that is for tufiographical or other reasons unsuitable for residential use as deter fined by the Planning Board, shall not be platted for residential use nor for any other uses that will continue or increase the danger to health, safety, or property unless the hazards can be and are corrected. 1.1 Prevention of Flood Damage 1.1-1 The Perquimans County Floodplain Ordinance shall be complied with; and 1.1-2 Lands known to be within a floodplain or any area ]mown to be subject to flooding shall be so identified on the preliminary plat. Appropriate deed restrictions shall be filed for those lands subject to flooding, prohibiting their development for dwellings or other uses unless the sites are flood -proofed as follows: (a) No structures or fill shall be placed in the floodway which would interfere with the natural water course. (b) Streets and utilities lines and structures may be placed within the floodplain only if their elevation is raised above maximum flood heights or if they are otherwise flood -proofed. (c) Dwellings and self-contained sewage disposal units (if used) shall be built at an elevation above maximum flood heights. (d) The subdivision drainage system shall be designed to prevent increased flood flows due to newly developed impervious surfaces and other factors. 1.2 Fill Areas Areas that have been used for the disposal of solid waste shall not be subdivided into commercial or residential building sites. This shall include those areas that have been used for the disposal of trash, demolition waste, and other waste materials. 20 Section 2. BLOCKS . 2.1 General 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 or use contemplated; requirements as to lot sizes and dimensions; needs for vehicular and pedestrial circulation, control, and safety of street traffic; limitations and opportunities of topography; and convenient access to water areas. 2.2 Length Blocks shall not be less than five hundred (500) feet nor more than fifteen hundred (1500) feet in length. 2.3 Width Blocks shall have sufficient width to allow two (2) tiers of lots of minimum depth except where single -tier, lots are required to separate residential development from through vehicular traffic or another type of use, or when abutting a water area. Section 3. LOTS. 3.1 General 3.1-1 Lot size, shape, and location shall be made with due regard to topographic conditions, contemplated use, and the surrounding area. 3.1-2 Every lot shall front or abut on a street meeting the design criteria of this ordinance. 3.1-3 Double frontage or reverse frontage lots shall be avoided except where necessary to separate residential develop- ment from through traffic or non-residential use. 3.1-4 Side lot lines shall be substantially at right angles or radial to street lines. 3.1-5 Triangular shaped lots shall not be permitted. 3.1-6 'Unusable or Reserve Lots" shall not be pe nnitted in any subdivision. A%ll subdivided land shall be designated with a lot or parcel number and shall be part of a usable lot. 21 3.2 Area Requirements 3.2-1 Lots served by both public water and public sewer: All residential lots shall have an area of not less than twelve thousand (12,000) square feet. 3.2-2 Lots not served by both public water and public sewer: The lot size appropriate for the development will be determined by the District Health Department, based on its inspection of the land's suitability for wastewater disposal. 3.2-3 The subdivider, at his own expense, shall have the site investigated under the supervision of the County Health Department and shall resent P proof to the Planning Board that appropriate soil tests have been conducted and that each lot in the subdivision not served by public water and public sewage disposal systems has been approved by the County Health Department for individual water supplies or individual sewage disposal systems. 3.3 Width Requirements 3.3-1 Lots served by both public water and public sewer: All residential lots shall have a minimum width at the building line of not less than eighty (80) feet. 3.3-2 Lots not served by both public water and public sewer: The proper lot width for the subdivision shall be deter- mined by the County Health Department, but shall not be less than one hundred (100) feet. , 3.4 Depth Requirements All residential lots shall have a minimum mean depth of not less than one hundred fifty (150) feet. 3.5 Building Setback The minimum building setback from the property lines shall be as follows, unless a variation is secured from the Planning Board: 3.5-1 From the front property line, twenty-five (25) feet.. 3.5-2 From the side property line, twelve (12) feet. 3.5-3 From the rear property line, twenty-five (2.5) feet. 3.5-4 From the side property line on corner lots, twenty (20) feet. C • . 22 rr Section 4. EASEMFTJ'TS 4 4.1 Utility Easements Easements for underground or above ground utilities shall be provided where necessary across lots or preferably centered on rear or side lot lines and shall be at least ten (10) feet in width. 4.2 Drainage Easements 4.2-1 Where a subdivision is traversed by a stream or drainage way, an easement shall be provided conforming with the lines of such stream and of sufficient width as will be adequate for the purpose. 4.2-2 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. Such areas must be approved by the Planning Board and County Commissioners before approval of the final plat. 4.3 Buffer Strips A buffer strip at least fifty (50) feet in width may be required by the Planning Board adjacent to a major street, railroad, farm, or a commercial or industrial development.. This strip shall be in addition to the normally required lot dimension and shall be part of the platted lot. As directed by the Planning Board, this buffer strip shall be utilized by the subdivider for the planting of vegetative screening or shall be reserved to the lot purchaser for such purpose. Section 5. hiONUMWS Permanent monuments and other control points shall be installed in conformance with North Carolina General Statutes, sections 39-32.1 through 39-32.4, and the Manual of Practice for Land Surveyors of North Carolina, State Board of Registration for Professional Engineers and Land Surveyors. Section 6. STREETS 6.1 General Standards 6.1-1 In any new subdivision, the street layout,sliall conform to the arrangement, width, and location indicated by �! official plans or maps for Perquimans Comity, North Carolina. 23 C 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. 6.1-2 The arrangements of streets in new subdivisions shall make provision for the continuation of the principal existing streets in adjoining subdivisions or, when adjoining pro- perty is not subdivided, their proper projection insofar as they may be necessary for public requirements, by providing new streets of a width deemed necessary by the Planning Board. In general, such streets shall be at least as wide as the existing streets, except that in no case shall the width be less than the mininu.►m specified in Article IV, Section 7.2, of this ordinance. The street and alley arrangement must also be such as to cause no hardship to owners of adjoining property when they plat their ct�n land and seek to provide for convenient access to it, and must provide for continuing a reasonable number of through utility lines. When a new subdivision adjoins unsubdivided land, then the new streets shall be carried to the bot.-idaries of the tract proposed to be subdivided except where it is determined by the Planning Board that certain streets may not be required to be so extended. 6.1-3 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 arterial street or reverse frontage on a minor street for the lots to be developed adjacent to the arterial. 'Nhere reverse frontage is established, private driveway's shall-be ,pre- vented, from having direct access to the }�igir��-s;✓. 6.1-4 Intersections of.local streets with major streets are.to be kept to a minimum. 6.1-5 The dedication of half streets at the perimOter of a new subdivision is prohibited. Where there exists a half street in an adjoining subdivision, the remz,Aning half ' shall be provided by the proposed develcpment. 6.1-6 Alleys may be required in all blocks along the rear line of business property. Alleys may also I..,c rcquired in multiple -family residential or industrial b ),ks if, in the opinion of the Planning lioard, allcvs ano nv,:L'..-d to ser— vice these areas. Al dead end allt';ys t;lhal I ! _� provided with a turnaround in accordance with stjnda,•d-: in Article IV, Section 6.2-1, of this ordinance. 24 v 6.1-7 No alley shall have access from a major street or -highway but shall have its access points confined to minor, lightly traveled streets. 6.1-8 Street names: Proposed streets, which are obviously in alignment with others existing and named, shall bear the assigned name of the existing streets. In no case shall the name for the -proposed streets duplicate or phonetically be similar to existing street names, irrespective of the use of the suffix street, avenue, boulevard, drive, place, court, etc. Street names for all new subdivisions shall be subject to approval by the Planning Board. Subdivisions showing private streets or reserve strips controlling access to public ways will not be approved except when the control and disposition of land comprising such strips and the private streets are definitely placed within the county's jurisdiction under conditions meeting the approval of the County Cottmissioners. GL 10 rivate streets containing more 6.1-9 will not be approved in a subdivision than four (4) lots. 6.2 Design and Construction Standards 6.2-1 Design: The design of all public streets and roads within Perquimans County shall be in accordance wiry the accepted policies of the North Carolina Department of Transportation, Division of Highways, as taken or as modified from the American Association of State Highway Officials' (AASHO) manuals. The design of streets to be d-dicated to the public shall be approved by the District Engineer, Division of Highways. All streets shall meet the following general design standards: (a) Tangents: A tangent of not less than one hundred (100) feet in length shall be provided between curves. (b) Cul-de-sacs: Permanent dead end streets shall not exceed six hundred (600) feet in length and shall be provided at the closed end with a graded turn- around having an o�_itsidc roa(",ti;iv di. mic!:. r of at least 70 feet and a street property line diameter of at least 100 feet (c) Intersections: Street intersections sh:L11 be laid out as follows: 25 (1) Streets shall intersect as nearly as possible at right angles, and no street shall intersect at less than sixty (60) degress. (2) Intersections with a major highway shall be at least one thousand (1000) feet apart measured from center line to center line. (3) Property lines at street intersections shall be rounded with a minimum radius of twenty-five (25) feet. At an angle of intersection of less than ninety (90)•degress, a greater radius may be required. (4) On corner lots, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (211) feet and ten (10) feet in a triangular area formed by a diagonal line between two points on the right-of-way lines, twenty (20) feet from where they intersect. (5) Two streets intersecting opposite sides of a third street are to have the same points of intersection or else their center lines are to be separated by a minimum of one hundred and twenty-five (125) feet on a third street. 6.2-2 Construction: All subdivision streets and roads to be - dedicated to the public shall be constructed to meet the current requirements of the North Carolina Department of Transportation, Division of Highways' standards for state maintenance. A11 private streets shall meet the following minimum standards: (a) The road shall be stabilized, properly drained, and graded to a width of twenty (20) feet of surface suitable for traffic. (b) The surface shall be constructed of suitable sand -clay local material or appropriate commercial material to a depth of four (4) inches. (c) The road shall be constructed in such a manner as to be suitable for light traffic under all weather conditions. r 26 �. Section 7. WATER SYST IS Prior to preliminary plat submission, the Planning Board or their authorized representative shall determine if county waterlservice is available for the proposed subdivision. 7.1 If county water service is not available, the plans for construction of the proposed facilities or individual water supplies shall meet the standards of the Perquimains County Health Department; and, for systems serving ten (10) or more dwellings, the State Commission for Health Services and the Division of Environmental Management. Plans shall be submitted with the preliminary plat. 7.2 If county water service is available and the subdivider is de- veloping new streets, the subdivider shall construct a water system and connect it to the system owned and operated by Perquimans County, subject to the following conditions: 7.2-1 Construction plans for the proposed system shall be pre- pared by a registered engineer and submitted with the preliminary plat for approval by the Plaruiirg Board, county engineer, and the appropriate state agencies. 7.2-2 The costs of the construction, connection, and approval of C, the subdivision water system shall be paid by the subdivider. 7.2-3 All water mains and easements shall be dedicated to the public. Water lines shall be installed on the street rights -of -way where possible. Section 8. OVERSIZED IMPROVEMENTS Perquimans County may require installation of certain oversized facilities such as water mains in excess of 8" diameter when it is in Uie interest of future development. Perquimans County shall pay for that portion of the improvement' which exceeds the standards set forth in this ordinance. Section 9. STOMM tiVNFER DRAINAGE The subdivider shall provide an adequate drainage system for the proper drainage of all surface water. The design of such a cyst-.-m s:ia;1. be -subject to the approval of the Perquimans County Commissioners or their duly' authorized representative. 27 9.1 No surface water shall be channelled or directed into a sanitary sewer. 9.2 Where feasible, the subdivider shall connect to an existing storm drainage system. 9.3 Where an existing storm -drainage system cannot feasibly be extended to the subdivision, a surface drainage system shall be designed to protect the proposed development from water damage. 9.4 As- a general rule, surface drainage courses shall have side slopes of at least one (1) foot of horizontal distance for each one (1) foot of vertical distance, and courses shall be of sufficient size to accommodate the drainage area without flooding. Section 10. CONSTRUCTION PROCEDURES 10.1 No construction or installation of improvements shall coimrence in a proposed subdivision until the preliminary plat has been approved, and all plans and specifications have been approved by the ap- propriate authorities. 10.2 No building, or other permits shall be issued for erection of a structure on,any lot not of record at the time of adopticn of this ordinance until all the requirements of this ordinance have been met. 10.3 The administrator of the ordinance shall have access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this ordinance. 10.4 The subdivider shall conduct all grading, excavations, open cuts, side slopes, and other land surface disturbances .in a maiuier that minimizes any erosion and sedimentation pollution of strums, springs, flat water bodies, or other drainage networks. In such cases -where the Planning Board finds it necessary due to topography, or scale or location of development, the Planning Board may reduire the sub- divider to provide either or both temporary or penrianent erosion control measures aimed at protecting the natural environment from siltation and sedimentation attributable to land disturbing activities carried on within such subdivision. 10.5 Due considerations shall be given to preserving natural features such as trees, ponds, streams, rivers, lakes, and hi=torical sites. Developers are encouraged to seek variance frcm r:�4;ulations where preservation of natural features is at i suf:.. 28 ARTICLE V WATERFRONT SUBDIVISIONS Where a subdivision which adjoins the waterfront contains interior lots, parcels, or tracts of land which do not adjoin the water's edge but any part of which is within 500 feet of the water's edge, one or more lots which adjoin the water's edge shall be reserved to provide water access for the owners of interior properties. Such lots shall hereafter be called Water Access Lots. If property which is in the same ownership adjoins said subdivision, this property shall be construed as being a part of the subdivision for huMuses of determining requirements`of Water Access Lots. The.Water Access Lots shall equal in area not less than 100 of the area (exclusive of streets) of all the interior property which lies within 500 feet of the water's edge. Where the 10% would equal less than 21000 square feet, the subdivider shall not be required to provide any Water Access Lots. All Water Access Lots shall have a minimum frontage at the water's edge of 100 feet. The Water Access Lots shall either be dedicated to Perquimans County (but only if the County Board of Commissioners agree to accept such dedication) or shall be transferred in fee simple title to the common ownership of acL . it lot owners of the subdivision. Before approval -of the final plat can be given, the subdivider shall submit to the Planning Board a covenant stating either: (1) that he will dedicate the required amount of Water Access Lots to Perquimans County, or (2) that he will convey title to the Water Access Lots to the purchasers Of each interior lot, said purchasers to have common ownership of the Water Access Lots with undivided fee simple interest and shall be equally, responsible for the: maintenance of Water Access Lots. If the subdivider chooses to dedicate the Water Access Lots to the County, the Coeuity Board of Commissioners must have agreed to accept the responsibility of maintaining the lots at the time of preliminary plat approval and the final plat must show the dedication. If the title is transferred to the itttevTcr, lot owners, the preliminary plat and final plat shall designate the following: (1) the lot or lots that are to serve as Water Access Lots, and (7) the lots the owners of which are to have common title to the Water Access Lots. (Iix=q)le: Owners of lots 1, 2, 3, 4, 5, etc., to have Undivided Fee Simple Title to these Water Access Lots.) 29 ARTICLE VI ADMINISTRATIVE AND LEGAL. PROVISIONS Section 1. DUTY OF REGISTER OF DEEDS Perquimans County shall file a copy of this ordinance with the Register of Deeds of Perquimans County. The Register of Deeds shall not thereafter file or record a plat of a subdivision located within. the platting jurisdiction of Perquimans County as defined herein with- out the approval of the legislative body as required in this ordinance and the Register of Deeds shall not thereafter file or record a deed or other instrument of conveyance regarding land located in a subdivision within the platting jurisdiction of Perquimans County as defined herein unless a plat of the subdivision has been approved by the legislative body of Perquimans County as required in this ordinance. The landowner,. whose nww shall be on the subdivision plat submitted for recording, or his authorized agent, shall sign a statement on the plat stating whether or not any laird shown thereon is within the territorial jurisdiction of Perquimans County. The filing or recording of a plat of a subdivision without the approval of,the County Commissioners as required by this ordinance shall be voidable. The Clerk of Superior Court of Perquinans County shall not order or direct the recording of a plat where such recording would be in con- flict with this section. Section 2. DUTY OF TAX SUPERVISOR Perquimans County shall file a copy of this ordinance with the TaxSupervisorof Perquimans County and said Tax Supervisor shall not thereafter approve for recordation with the Perquimans County Register of Deeds any deed or other instrument of conveyance Iof land contained in a subdivision, unless a plat of the subdivision has been approved by the legislative body of'Perquimans County as required in this ordinance. Section 3. 111XN .TIES Any person who, being the owner or agent of the owner of any subdivision as defined and regulated by this ordinance 1o:_at y within the jurisdiction of Perquimans County, shall, prior to the tr u.sfer or* sale of any land contained in the subdivision, present a plat s;iowing the 30 subdivision of land to the Perquimans Cotmty Planning Board and shall have such plat properly approved under this ordinance and recorded in the office of the Register of Deeds. Any person failing to comply with this ordinance shall be guilty of a misdemeanor as established by G.S. 153A-334. Perquimans County, through its County Attorney or other official designated by the County Board of Commissioners, may enjoin any tr:uisfer or sale in violation of this ordinance by action for injunction. Further, violators of this ordinance shall be subject, upon conviction, to finr and/or imprisonment as provided by G.S. 14-4. Section 4. NO SERVICES UNTIL FINAL APPROVAL No construction permit shall be issued, nor shall water or - other county facilities or services be extended to or connected with ally subdivision for which a plat is required to be approved unless and until the requirements set forth in this ordinance have been complied with. Seca i or l 5. EFFECT ON DED ICAT IONS pursuant to G.S. 153A-333, the approval of a plat does not constitute or effect the acceptance by the county or 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. Section b. EXCEPTIONS Me standards and requirements of this ordinance may be modified by the Planning Board in the case of a plan or program for a cor-�)lete group develop- ment, which, in the judgment of the Board, provides adequate light, air, and service needs of the tract when fully developed and populated, and which also provides such covenants or other legal provisions as will assure conformity to and achievement of the plan. Section 7. VARIANCES Where, because of.topographical or other conditions peculiar to the site, strut adherence to the provisions of the regulations of this ordinance would cause an unnecessary hardship, the Planning Board may re=-mcnd and the County Board of Commissioners authorize a variance, if such variances ciin be made without destroying the intent of this ordinance. Any varianc:.° thus authorized 31 r is required to be entered in writing in the Minutes of the Planning Board and of the County,Board of Commissioners and the reasoning on which the departure was justified set forth. Section S. A411LT11~7VT PROCl111RE This ordinance may be amended from time to time by the County Board of Conviissioners as herein specified, but no amendment shall become effective unless it shall have been proposed by or shall have been sub- mitted to the Planning Board for review and recommendation. -The Planning Board shall have forty-five (45) days within which to submit its report. If the Planning Board fails to submit a report within the specified time,, it shall be deemed to have approved the amendment. Section J. SEPARABILITY Should any section or_provision of this ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the ordinance as a whole, or any other part thereof other than, the part so declared to be unconstitutional or invalid. - Section 10. A13ROCATION Am CONFLICT' It is not intended that this ordinance repeal, abrogate, annul, impair, or.inte•rfere with any existing easements, covenants, deed restrictions, ab recmc•nts, rules, regulations, or permits previously_ adopted or issued pursuajit to law. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall govern. All or any subdivisions with final plat approval granted by the provisions of the previous Subdivision Regulations of Perquimans County or properly recorded with the Register of Deeds of Perquimans County shall not be affected by the provisions of this ordinance except provisions that are a reenactment of provisions of the previous ordinance. Section 11. EFFECTIVE DATE This ordinance shall become effective upon its adoption by the County Commissioners of Perquimans County on October 2. 19!-3 WA