Sub-Division Regualtions-1994

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Division of Coastal Management Copy
TOWN OF BELHAVEN
SUB-DIVESION REGULATIONS
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TOWN OF BELHAVEN
SUB -DIVISION REGULATIONS
Amended May 2, 1994
PREPARED FOR: BELHAVEN TOWN COUNCIL
Dr. Charles O. Boyette, Mayor
Walt Allen George R. Ebron, Jr. Ronnie Flowers
Roy O'Neal Judy E. Allen
Tim Johnson, Manager
Marie Adams, Town Clerk
PREPARED BY: BELHAVEN PLANNING BOARD
x.
Louis Martin, Code Enforcement Officer
Terry Sparrow, Chairman
Sammy Gaylord Ed Robbins Aubrey Hollowell
John Jones Ed Mann
PLANNING .CONSULTANT:
MID -EAST COMMISSION
1 Harding Square
Washington, NC 27889
919-946-8043
Robert J. Paciocco, Executive Director
Jane Daughtridge, Planner -In -Charge
The preparation of this report was financed in part through a grant provided by the North Carolina Coastal
Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which
r is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric
Administration.

SUBDIVISION REGULATIONS
Section 100. General Provisions, §§ 101--105
Section 200. Definitions and Interpretations, §§ 201-202
Section 300. Plat Preparation and Approval Procedure, §§ 301-306
Section 400. Design Standards, §§ 401,402
Section 500. Improvements, §§ 501-503
Section 600.. Administration, §§ 601-611
Appendices
SUBDIVISION REGULATIONS
TOWN OF BELHAVEN, NORTH CAROLINA
AN ORDINANCE ESTABLISHING SUBDIVISION REGULATIONS_ FOR
THE TOWN OF BELHAVEN AND FOR A DISTANCE OF ONE MILE BEYOND
THE CORPORATE LIMITS INTO BEAUFORT COUNTY, NORTH CAROLINA.
BE IT ORDAINED AND ENACTED BY THE TOWN COUNCIL OF THE
TOWN OF BELHAVEN, STATE OF NORTH CAROLINA AS FOLLOWS:
SECTION 100 GENERAL PROVISIONS -
101. Title and Effective Date.
This ordinance shall be known as the Subdivision Regulations of the Town of
Belhaven, North Carolina, and may be referred to as the "Subdivision Regulations."
These. regulations, first adopted by the town on January 16, 1967 and subsequently
amended on the 2nd day of May, 1994.
102. Purpose.
This ordinance is adopted as a part of the implementation of the Town of
Belhaven's Land Use Plan.
The regulation of land subdivision is widely accepted as a function of
municipal government undertaken as a method of ensuring sound community growth
and the safeguarding of the interest of the home owner, the subdivider, and the local
government. Subdivision regulations prevent excessive governmental operating costs
by setting minimum standards for public improvements installed prior to
development. At the same time, they assure to the maximum degree possible the
means whereby land can be developed for the highest possible use with all of the
necessary protection against deterioration and obsolescence.
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The subdivision of land is a technical and business venture which not only
affects the immediate return to the investor in land and the value of the land on
which he may wish to build, but it also involves, for the local government, specific
items of cost and income forthe years to come which must be weighted at the time
that a subdivision is under consideration.
This ordinance is to provide for the orderly -development of the Town of
Belhaven and its environs through the control and regulation of the subdivision of
land. According to G.S. 160A-372, a subdivision control ordinance may provide for
the orderly growth and development of the city; for the coordination of streets and
highways within proposed subdivisions with eaosting or planned Streets and highways
and with other public facilities; for the dedication or reservation of recreation areas
serving residents of the immediate neighborhood within the subdivision, and rights -
of -way or easements for street and utility purposes; and for the 'distribution of
population and traffic in a manner that will avoid congestion and overcrowding and
will create conditions essential to public health, safety and the general welfare.
103. Application of regulations.
These regulations shall apply to lands within the corporate limits of Belhaven
and its extraterritorial limits for one mile beyond the corporate limits. All subdivision
plans, all streets or rights -of -way created for the purpose of partitioning land and
changes in property boundary lines shall be approved by the planning commission
in accordance with these regulations. A person desiring to subdivide land by creating
a street or way or to sell any portion of a parcel of land, shall submit preliminary
plans and final documents for approval as provided in this ordinance and the state
law.
104. Authority.
The provisions of this ordinance are adopted under authority granted by the
General Assembly of the State of North Carolina, in General Statutes 16.0A, Article
19.
FA

SECTION 200. DEFINITIONS AND INTERPRETATIONS
201. Definitions.
For the purpose of this ordinance the following terms have been defined as:
Alley: A minor right-of-way dedicated to public use, which gives a secondary means of
vehicular access to the back or side of properties otherwise abutting a street, and which may be used
for public utility purposes.
Areas of environmental concern (AFC's): Geographic' areas designated by the Coastal
Resources Commission as areas of environmental concern to include coastal wetlands, estuarine
waters, renewable resource areas, fragile or historic areas, public trust waters, natural hazard areas
and areas impacted by key facilities
Block: A parcel of land which is entireiysurrounded by public streets, highways, railroad right-
of-way, public walks, parks or green strips, rural land or drainage channels or a combination thereof.
Building setback line: A line parallel to .the front property lines in front of which no structure
may be built.
Corner lot: A lot abutting two (2) or more'streets at the street intersections.
Double frontage lot: A continuous (through) lot of the same depth as the width of a block and
which is accessible from both of the streets upon which it fronts.
Easement: Permission by the property owner for use by the public, a corporation, or person(s)
of a strip of land for specific purposes.
Extraterritorial jurisdiction: The power of the Town of Belhaven to regulate the use of land
lying be the corporate limits and the extraterritorial boundary lines as defined by the Belhaven
Official Zoning Map.
Group development: A development comprising two (2) or more building such as a group of
apartments, where the land is not subdivided into the customary streets and lots.
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 words "plot" and "parcel".
Of j`icial plan: Any plan officially adopted by the planning board or the town council as a guide
for the development of the Town of Belhaven and its surrounding area, consisting of maps, charts and
text.
Permanent markers: An iron pipe not less than three -fourths (3/4) of an inch in diameter and
thirty (30) inches long. Permanent markers arc described in detail in Section 503.
Plat: Includes the -terms map, plan, plat, replat,'or replot; a map or plan of a tract or parcel
of land which is to be, or which has been subdivided.
C

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 proposed subdivision of land.
Plat, final: A map of a land subdivision prepared in a form suitable for riling of record with
necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all
lines defining lots and blocks, streets and alleys, public areas and other dimensions of land.
Street: A dedicated and accepted public right-of-way for vehicular and pedestrian traffic.
a. Major streets: A street or highway which is used for moving heavy traffic volumes or
high speed traffic, or both, or which has been designated as a major street on the
thoroughfare plan.
b. Minor street: A street whose primary purpose is to provide access to adjacent
properties and which is designated in a manner that willdiscourage use by through
traffic.
C. Collector street: A street which collects and distributes traffic from and to minor
streets and serves as the most direct route to a major street or a community facility.
d. Marginal access street: A minor street located beside a limited access street or
highway or a . railroad, which provides access to _ abutting properties, provides
protection from through traffic, and controls access.
e. Cul-de-sac: A minor street having one end open to vehicular traffic and the other
end permanently terminated by a vehicular turn -around.
Subdivider. Any person, firm, or corporation which subdivides, any land deemed to be a
subdivision as defined below.
Subdivision: A "subdivision" shall include all divisions of a tract or parcel of land into two (2)
or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale
or building. development, 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 set forth.in this ordinance:
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 the municipality set forth in this and other ordinances of the Town of
Belhaven;
b. The division of land into parcels greater than ten (10) acres where no street right-of-
way dedication is involved;
C. The division of a tract in single ownership whose entire area is no greater than two
(2) acres into not more than three (3) lots, where no street right-of-way dedication
is involved and where the resultant lots are equal to or exceed the standards of the
municipality; as set forth in this and other ordinances of the Town of Belhaven;
d. The public acquisition by purchase of strips of land for the widening or opening of
streets; and
e. In addition to the exceptions provided in the North Carolina General Statutes, a
"subdivision" shall not include the division of land to be sold only as burial plots
within cemeteries.
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202. Word Interpretation.
For the purpose of this ordinance, certain words shall be interpreted as
follows:
The word "may" is permissive.
The word "shall is mandatory.
The word "building" includes the word "structure".
The word "town" or "city" shall mean the "Town of Belhaven", a municipal
corporation of the State of North Carolina.
The words "ordinance" and "regulation" shall mean the "Subdivision
Regulations of the Town of Belhaven, North Carolina".
The words "planning board" shall mean the "Town of Belhaven Planning and
Zoning Board".
The words "town council' shall mean the "Town Council of Belhaven, North
- Carolina".
_ . The words "register of deeds" shall mean the "recorder of deeds for Beaufort
County, North Carolina".
k

SECTION 300. PLAT PREPARATION AND APPROVAL PROCEDURE
301. in general.
All subdivision of land within the subdivision jurisdiction of Belhaven, North
Carolina, shall after the effective date of these regulations, be governed by the
procedures and standards contained within these regulations.
302. Review of subdivision proposals.
All subdivisions shall be subject to the provisions of this ordinance except
those situations listed as "not included" in the statutory definition of a subdivision
[Subsection 160A-376(1)-(4)] and as reiterated in the definition of a subdivision in
Section 201 of this ordinance.
303. The sketch plan.
303.1. General. Before the subdivider makes application for approval of the
preliminary subdivision plat, a sketch plan of the proposed subdivision shall be
prepared and two (2) copies submitted to the code enforcement officer for review.
The sketch plan shall be drawn at a scale of not less than two hundred (200) feet to
one (1) inch.
303.2 Contents of the sketch plan. The sketch plan shall contain or be
accompanied by the following information:
(1) The proposed name and location of the subdivision.
(2) The names) and address(es) of the owner(s) and the subdivider(s).
(3) The total acreage to be subdivided.
(4) The tentative street and lot arrangement.
(5) the approximate right-of-way, easements, and lot lines.
(6) The average lot area and approximate number of lots.
(7) The existing and proposed uses of land throughout the subdivision.
(8) The zoning classification of the land to be subdivided.
(9) Vicinity map, showing proposed subdivision in relation to existing, readily
identifiable landmarks.
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303.3 Administrative staff review. At the time the sketch plan is submitted it
shall be reviewed by the code enforcement officer for general compliance with the
requirements of this ordinance; the subdivider or his representative shall discuss
plans for development of the proposed subdivision;the code enforcement officer shall
advise the subdivider as ' to the regulations which pertain to the proposed
development and the procedure the subdivider shall follow in. preparing and
submitting the subdivision plats.. Submitting a sketch plan for review and discussion
does not require a formal application or fee. this procedure shall not be construed
as an official application, or approval of such a sketch plan by. the code enforcement
officer or planning board.
304. Review of subdivisions proposals.
304.1. Sketch plan. Prior to submission of a preliminary plat, the subdivider
shall submit to the code enforcement officer two (2) copies of a sketch plan of the
proposed subdivision as per Section 303.
304.2 Submission of preliminary plat. The subdivider shall prepare a
preliminary plat and such improvement plans and other supplementary material as
may. be- required to indicate the general objectives of the' development. The
subdivider shall submit six (6) copies of the preliminary plat to the code enforcement
officer at least twenty (20) days prior to the third Wednesday of the month. The
preliminary plat shall be prepared by a registered surveyor, or engineer.
* 304.3. Fee. At the time of submission of the preliminary plat, the subdivider
shall pay to the Town Clerk of the Town of Belhaven a filing fee as follows:
1-10 lots = $100
11-50 lots = add $7 per lot over 10
51+ lots = add $6 per lot over.50
304.4. Scale. The preliminary plat shall be drawn on a sheet eighteen (18)
by twenty-four (24) inches or a multiple thereof at a scale of one (1) inch equals one
hundred (100) feet or, for areas:over one hundred (100) acres, one inch equals two
hundred (200) feet.
304.5 General information. The following general information shall be shown
on the preliminary plat:
(1) Proposed name of the subdivision. The name shall not duplicate nor
resemble the name of another subdivision in the county and shall be
approved by the planning board.
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(c.�ndevelop ed) • 2� 3
PRELIMINARY PLAT ..•'' S°a '
• names of adjoining .••' S170
properties
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right of ways, etc.
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e proposed u t i l i ti es 00•0 57 "" ` n�
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lot lines and, setback �� ••• � � �, i � '.
lines o
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*contours ••..••••.•.••••.••.• •• h ,'�/
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•present zoning
classification • i • b r.rt N •• - - --
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• named location, owner 0 ;�► / • - - \
and designer N 45
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graphic seal • fn/l e Aesop NV !n! 2�One /3 p '
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PReZ1A///V4RY P4AIV FOR
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SKETCH VICI LAITY Of/1/TON H/L48
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MAP - SITE DATA A/&OSQr7/V///e, N. C.
[onsicip�A�chi/�c•1 iCIS/lf8 � SCALL iNc�
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Owner H. DENNY FEd .j /9G0

(2) Date, northpoint, and scale of drawing.
(3) Appropriate identification clearly stating the map is a preliminary plat.
(4) A vicinity map showing the location of the proposed subdivision.
(5) Names and addresses of the owner, subdivider, and engineer or
surveyor.
(6) Date the property was surveyed if available. (A survey is not required
for preliminary plat.)
304.6. Existing conditions. The following existing conditions shall be shown
on the preliminary plat:
(1). The location, width, and names of all existing or platted streets within
or adjacent to the tract, together with easements, railroad right-of-way.
and other important features, such as section lines and corners, city
boundary lines, and monuments.
(2) , Contour lines related to an established bench mark or other datum
approved by the code enforcement officer, with intervals at a minimum
of two (2) feet for slopes up to ten (10) percent and five (5) feet for
slopes over ten (10) percent.
(3) The existing zoning classifications) of the tract.
(4) The location of existing buildings, railroads and bridges.
(5) The location of all one. hundred (100) year flood plains, marshes,
water, watercourses, ditches, drainage channels and . sub -surface
drainage structures, and the proposed method of disposing of all run-
off from the proposed subdivision, and the. location and size of all
drainage easements relating thereto, whether they are located within
or outside of the proposed plat.
(6) The plans for sanitary sewers, storm sewers, water mains, culverts,
electric and gas lines, and other surface and sub -surface structures and
pipe lines existing and proposed within or immediately adjacent to the
proposed subdivision; showing connections to existing systems or
proposals for developing new water supply, storm drainage, and sewage
disposal systems. If applicable, the developer's Sedimentation and
Pollution Control Plan shall be submitted.
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(7) Pavement widths and grades and names of all proposed streets.
Names shall not duplicate or. resemble the names of existing streets
within the Town or the County, if within the ETJ.
(8) The lot lines, lot dimensions, lot and block numbers, and minimum
building setback lines.
Proposed parks, school site, or other public -open spaces, if any.
The total acreage in the tract, acreage in public -or other land usage,
and average lot size, total number of lots, and linear feet in streets.
Any other supplemental material or information considered by either
the subdivider or the planning board to be pertinent to the review of
the preliminary plat.
Results of percolation tests for each. proposed lot and assessment of
Beaufort County detailed soils information to determine soil suitability
for installation and successful operation of septic tanks, where public
service is not available.
304.7. Certification -of compliance with area of environmental concern standards.
A certificate of compliance with AEC standards shall be signed by the AEC permit
officer and accompany the preliminary plat (see "certification" form in the appendices
of this ordinance.). '
304.8. Approval of preliminary plats.
(1) The planning board shall review and take final action on each preliminary
plat within sixty (60) days after first consideration by the planning board.
First consideration by the planning board shall be at the next monthly
meeting after the preliminary plat has been submitted to the code
enforcement officer, if the submission occurs more than twenty (20) days
before such monthly meeting. If the submission takes place less than
twenty-one (21) days before the next planning board meeting, first
consideration shall be at the second next meeting. Failure of the planning
board to take action within sixty (60) days shall be grounds for the
subdivider to submit the preliminary plat to the town council for review.
(2) Prior to the planning board meeting, the code enforcement officer shall
notify in writing those public officials and agencies which are concerned
with the new development, including the town manager, the Beaufort
County Health Department, the district engineer of the North Carolina
0

Department of, Transportation and the Beaufort County Superintendent
of Schools that a plat is available for review and recommendations.
(3) Upon completion of the preliminary plat review, the planning board shall
approve, approve conditionally, or disapprove the plat.
a. If the preliminary plat is approved, approval shall be noted on two (2)
copies lof the plat by the planning board secretary. One of these
copies shall be transmitted to the subdivider and the other to the
Town Council.
b..In the case of conditional approval, the reasons for conditional
approval and the conditions to be met shall be specified in writing.
One copy of such reasons and conditions shall be filed with a copy of
the plat retained by the planning board, one shall be transmitted to the
Town Council with a copy of the plat, and one shall be transmitted to
the subdivider.
c.::When a preliminary plat is disapproved, the planning board shall
specify the reasons for such action in writing. One -copy of such
reasons shall be retained by, the planning board, one copy shall be
transmitted to the Town Council, and one copy shall be transmitted to
the subdivider. If the preliminary plat is disapproved, the subdivider
may make the recommended changes and submit a revised preliminary
plat.
(4) The Town Council shall approve, conditionally approve, or disapprove the
Preliminary Plat. Upon approval of the preliminary plat by the Town
Council, the subdivider may proceed with the preparation of the final
plat, and the installation or arrangement for required improvements in
accordance with the preliminary plat as approved and the requirements
of this ordinance. Disapproval of the plat shall be accompanied by the
stated reasons for such action and recommendations made on the basis
of which the proposed plat could be approved.
305. The final. plat. .
305.1 General. Final plats for all subdivisions shall not be approved until all
required improvements have been installed or the subdivider has guaranteed to the
satisfaction of the town council that such improvements will be installed as provided
in Section 502.
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