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HomeMy WebLinkAboutSubdivision Regulations-1993SUBDIVISION REGULATIONS DULY, 1993 �OFB. COUNTY Prepared by: Holland Consulting Planners, Inc. Wilmington, North Carolina 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 Zong Management Act of 1972, as amended, wl3ch is administered by the -Office -of Ocean and Coastal Resources Management, National Oceanic and Atmospheric Administration. DCM COPY lease do not remove!!!!! Division of Coastal Management Copy I 1 1 SUBDIVISION REGULATIONS DULY, 1993 •ND COUNTY Prepared by: Holland Consulting Planners, Inc. Wilmington, North Carolina 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 is administered by the Office of Ocean and Coastal Resources Management, National Oceanic and Atmospheric Administration. 1 C TOWN OF BURGAW, NORTH CAROLINA SUBDMSION REGULATIONS BOARD OF COMMISSIONERS John W. James, Jr., Mayor R. Eugene Brown Gordon L. Futch, Sr. Johnny O. Milam, Jr. Walter G. 'Bud" Moore Virginia Rochelle Robert Hugh Corbett, Attorney Timothy J. Barth, Town Manager PLANNING BOARD W. C. Blackmore, Chairman Norwood Covil Thurman Wells Charles White Bill Harrell Brenda Whiteside James N. Tucker Howard N. Walker, Jr. Joe Knox Taylor Prepared By: Holland Consulting Planners, Inc. July, 1993 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 is administered by the Office of Ocean and Coastal Resources Management, National Oceanic and Atmospheric Administration. TOWN OF BURGAW, NORTH CAROLINA SUBDIVISION REGULATIONS TABLE OF CONTENTS Page ARTICLE I: INTRODUCTORY PROVISIONS 101. Title 1 102. Purpose 1 103. Authority 1 104. Jurisdiction 1 105. Prerequisite to Plat Recordation 1 106. Acceptance of Streets 2 107. Thoroughfare Plans 2 108. Zoning and Other Plans 2 109. No Services Until Final Plat Approved 2 ARTICLE II: LEGAL PROVISIONS 201. General Procedure for Plat Approval 3 202. Statement by Owner 3 203. Effect of Plat Approval on Dedications 3 204. Penalties for Violation 3 205. Separability 4 206. Variances 4 207. Amendments 5 208. Abrogation 5 209. Re-enactment and Repeal of Existing Subdivision Ordinance 5 210. Effective Date 6 211. Adoption 6 212. Administrator 6 ARTICLE III: DEFINITIONS 301. Word Interpretation 7 302. Definitions 7 ARTICLE IV: PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION PLATS 401. Plat Shall be Required on Any Subdivision of Land 12 402. Approval Prerequisite to Plat Recordation 12 403. Procedures for Review of Major and Minor Subdivisions 12 404. Procedure for Review of Minor Subdivisions 12 405. Major Subdivision Preliminary Plat Submission and Review 16 406. Major Subdivision Final Plat Submission and Review 17 407. Information to be Contained In or Depicted On Preliminary and Final Plats 26 408. Recombination of Land 31 409. Resubdivision Procedures 31 ARTICLE V: IMPROVEMENTS REQUIRED AND MINIMUM STANDARDS OF DESIGN 501. General 32 502. Suitability of Land 32 503. Natural Assets 33 504. Name of Subdivision 33 505. Sedimentation Pollution Control 33 506. Storm Water Drainage 33 507. Water and Sewerage System 34 508. Streets 35 509. Blocks 41 510. Lots 42 511. Easements 42 512. Other Requirements 43 513. Construction Procedures 44 514. Reimbursement of Subdivider by Town for Improvement Costs Over and Above Those Required to Serve a Subdivision 45 SECTION VI: PLANNED RESIDENTIAL DEVELOPMENTS, GROUP DEVELOPMENTS 601. General 47 602. Exceptions for Planned Developments 47 603. Common Areas 47 604. Density 48 605. North Carolina Unit Ownership Act 48 606. Site Plan/Preliminary Map 48 607. Landscape Plan 48 608. Public Access, Easements, and Private Party Walls 48 609. Utilities and Improvements Required 48 k ARTICLE I INTRODUCTORY PROVISIONS Section 101. Title This ordinance shall be known and may be cited as the Subdivision Regulations of the Town of Burgaw, North Carolina, and may be referred to as the Subdivision Regulations. Section 102. Purpose The purpose of this ordinance is to establish procedures and standards for the development and subdivision of land within the territorial jurisdiction of the Town of Burgaw. It is further designed to provide for the orderly growth and development of the town; for the coordination of streets and highways within proposed subdivisions with existing or planned streets and highways and with other public facilities; for the dedication or reservation of 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. This ordinance is designed to further facilitate adequate provision of water, sewerage, parks, schools, and playgrounds, and also to facilitate the further resubdivision of larger tracts into smaller parcels of land. Section 103. Authority This ordinance is hereby adopted under the authority and provisions of the General Statutes of North Carolina, Chapter 160A, Article 19, Part 2. Section 104. Jurisdiction ' The regulations contained herein, as provided in G.S. 160A, Article 19, shall govern each and every subdivision within the Town of Burgaw and its extraterritorial jurisdiction as shown on the official zoning map. ' Section 105. Prerequisite to Plat Recordation After the effective date of this ordinance, each individual subdivision plat of land within the town's jurisdiction shall be approved by the Board of Commissioners. Minor subdivision plats shall be approved by the Planning Board. Section 106. Acceptance of Streets No street shall be maintained by the town nor street dedication accepted for ownership and maintenance in any subdivision for which a plat is required to be approved unless and until such final plat has been approved by the Board of Commissioners. Final plat approval shall not constitute street dedication or acceptance by the town. Section 107. Thoroughfare Plans L r_ Where a proposed subdivision includes any part of a thoroughfare which has been ' designated as such upon the officially adopted thoroughfare plan of the Town of Burgaw, such part of such thoroughfare shall be platted by the subdivider in the location shown on the plan and ' at the width specified in this ordinance. Section 108. Zoning and Other Plans Similarly, proposed subdivisions must comply in all respects with the requirements of the zoning ordinance in effect in the area to be subdivided, and any other officially adopted plans. ' Section 109. No Services Until Final Plat Approved No street shall be maintained by the town nor street dedication accepted for ownership and maintenance, no construction permits shall be issued, not shall water, sewer, or other town facilities or services be extended to or connected with any subdivision for which a plat is ' required to be approved unless and until such final plat has been approved by the town. r H G ARTICLE II LEGAL PROVISIONS Section 201. General Procedure for Plat Approval After the effective date of this ordinance, no subdivision plat of land with the town's jurisdiction shall be filed or recorded until it has been submitted to and approved by the Town of Burgaw 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 Mayor of the Town of Burgaw and attested by the Town Clerk. As provided for in Section 105, minor subdivisions shall be approved by the Planning Board. The Register of Deeds shall not file or record a plat of a subdivision of land located within the territorial jurisdiction of the town 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. Statement by Owner ' The owner of land shown on a subdivision plat submitted for recording, or his authorized agent, shall sign a statement on the plat stating whether or not any land shown thereon is within the subdivision regulation jurisdiction of any municipality. Section 203. Effect of Plat Approval on Dedications ' Pursuant to G.S. 160A-374, the approval of a plat shall not be deemed to constitute or effect the acceptance by the municipality or public of the dedication of any street or other ground, public utility line, or other public facility shown on the plat. However, the Board of Commissioners may by resolution accept any dedication made to the public of lands or facilities for streets, parks, public utility lines, or other public purposes, when the lands or facilities are located within its subdivision regulation jurisdiction. Acceptance of dedication of lands or ' facilities located within the subdivision regulation jurisdiction but outside the corporate limits of the municipality shall not place on the town any duty to open, operate, repair or maintain any street, utility line, or other land or facility, and the municipality shall in no event be held to ' answer in any civil action or proceeding for failure to open, repair or maintain any street located outside its corporate limits. ' Section 204. Penalties for Violation 204.1 After the effective date of this ordinance, any person who, being the owner or agent 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 Pender County Register of Deeds, shall be guilty of a misdemeanor. 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 town, through its attorney or other official designated by the 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. 204.2 The violation of any provision of this ordinance shall subject the offender to a civil penalty in the amount of Fifty Dollars and no cents ($50.00) to be recovered by the town. Violators shall be issued a written citation which must be paid within ten (10) days. 204.3 Each day's continuing violation of this ordinance shall be a separate and distinct offense. 204.4 Notwithstanding Subsection 204.2 above, this ordinance may be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction. 204.5 Nothing in this section shall be construed to limit the use of remedies available to the town. The town may seek to enforce this ordinance by using 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 Board of Commissioners may authorize a variance from these regulations when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the Board of Commissioners 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 Board of Commissioners finds: 206.1 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, ii 206.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner, 206.3 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, and 206.4 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 Board of Commissioners may, from time to time, amend the terms of this ordinance. No amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Planning Board for review and recommendation. The Planning Board shall have forty-five (45) days from the time the proposed amendment is submitted to it within which to submit its report. If the Planning Board fails to submit a report within the specified time, it shall be deemed to have recommended approval of the amendment. ' No amendment shall be adopted by the governing body until they have held a public hearing on the amendment. Notice of the hearing shall be published in accordance with G. S. 160A-364. ' 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 town, adopted on November 11, 1975, 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 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 had 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. 5 Section 210. Effective Date This ordinance shall take effect and be in force from and after July 6, 1993. Section 211. Adoption Duly adopted by the Board of Commissioners of the Town of Burgaw, North Carolina, this the 6th day of July, 1993. Mayor Clerk Section 212. Administrator The Town Manager or his designee is hereby appointed to serve as Subdivision Administrator. R H H C ARTICLE III DEFINITIONS Section 301. Word Interpretation For the purpose of this ordinance, certain words shall be interpreted as follows: Words used in the present tense include the future tense. Words used in the singular number include the plural and words used in the plural number include the -singular, unless the natural construction of the wording indicates otherwise. The word "person" includes a firm, association, corporation, trust, and company as well as an individual. The word "used for" shall include the meaning "designed for." The word "structure" shall include the word "building." The word "lot" shall include the words "plot," "parcel," or "tract." The word "shall" is always mandatory and not merely directory. Section 302. Definitions For the purpose of this ordinance, certain words or terms used herein shall be defined as follows: Block. A piece of land bounded on one or more sides by streets or roads. Board of Commissioners: Board of Commissioners of the Town of Burgaw. Building Line Minimum. A line parallel to the street right-of-way which establishes the minimum allowable distance between the nearest portion of any building, excluding the outermost three (3) feet of any uncovered porches, steps, eaves, gutters and similar fixtures, and the street right-of-way line, when measured perpendicularly thereto, such minimum distance from the street right-of-way line [being] as specified in Section 6.2, "Table of Area, Yard and Height Requirements," of the Town of Burgaw Zoning Ordinance. Certificate of Occupancy/Compliance. A statement, signed by the Building Inspector or ' his authorized agents, setting forth that the building, structure or use complies with the zoning ordinance and construction codes, and that the same may be used for the purpose stated herein. 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. Easement. A grant by the property owner of a strip of land for a specified purpose and use by the public, a corporation, or persons. G.S. North Carolina General Statute. Half Street. A street whose centerline 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. Lot. A portion of a subdivision, or any other parcel of land, intended as a unit of transfer of ownership or for development or both. Lot of Record. A lot which is part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds of Pender County prior to the adoption of this ordinance, or a lot described by metes and bounds, the description of this has been so recorded prior to the adoption of this ordinance. Lot Types: Corner Lot - Any parcel of land having frontage on more than one street (road) which abuts an intersection of those streets (roads). Double Frontage Lot - A continuous (through) lot which is accessible from both streets upon which is fronts. Flag Lot - Lots or parcels with less frontage on a public street than is normally required. The panhandle is an access corridor to lots or parcels located behind lots or parcels with normally required street frontage. Interior Lot - A lot other than a corner lot with only one frontage on a street. Through Lot or a 'Double Frontage Lot" - A lot other than a corner lot with frontage on one or more streets. Through lots abutting two streets may be referred to as double frontage lots. Reversed Frontage Lot - A lot on which the frontage is at right angles or approximately right angles (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. 8 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. Official Maps or Plans. Any maps or plans officially adopted by the Town of Burgaw Board of Commissioners. Open Space. An area (land and/or water) generally lacking in man-made structures and reserved for enjoyment in its unaltered state. Planned Unit Development. The development of property which allows the mixing of residential and commercial development within the PUD zoning district. Planning Board. A commission appointed by the Town Board of Commissioners and by the Pender County Board of Commissioners as specified by N.C.G.S. 160A-362. The Pender County Board of Commissioners shall appoint only representatives from the area included within the town's extraterritorial jurisdiction. The Board has the following purposes: a) To develop and recommend long-range development plans and policies. b) To advise the Town Board of Commissioners in matters pertaining to current physical development, zoning, and subdivision control for the town's planning jurisdiction. Plat. A map or plan of a parcel of land which is to be, or has been, subdivided. Private Driveway. A roadway serving two or fewer lots, building sites or other division of land, and not intended to be public ingress or egress. ' Private Street. An undedicated private right-of-way which affords access to abutting properties and requires a subdivision streets disclosure statement in accordance with G.S. 136- 102.6. Public Sewage Disposal System. A system serving two (2) or more dwelling units and approved by the Pender County Health Department and the North Carolina Department of Environment, Health, and Natural Resources, Environmental Management Division. 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 does not involve any transfer of property rights. It simply constitutes an obligation to keep property free from development for a stated period of time. 1 9 1 Street. A dedicated and accepted public right-of-way for vehicular traffic. The following classifications shall apply: 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 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. Residential Collector Street - A local access street which between local residential streets and the thoroughfare system. typically collect traffic from 100 to 400 dwelling units. 1 serves as a connector street ' Residential collector streets Local Residential Street - Cul-de-sacs, loop streets less than 2500 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. Cul-de-sac - A short street having but one end open to traffic and the other end being permanently terminated and a vehicular turnaround provided. A cul-de-sac shall not exceed 750 linear feet in length. Frontage Road - A local street or road that is parallel to a full or partial access controlled facility and functions to provide access to adjacent land. 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. Subdivider. Any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision as herein defined. Subdivision. 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 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: 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 contained herein; b) The division of land into parcels greater than ten (10) acres, where no street right- of-way dedication is involved; 10 I ' c) The public acquisition by purchase of strips of land for the widening or openings of streets; ' d) 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 contained in this subdivision ordinance. ' Subdivision, Minor. A minor subdivision is a tract to be subdivided which is five (5) acres or less in size, and five or fewer lots result after subdivision; (1) all of which front on an existing approved street; and (2) not involving any new public streets, right-of-way dedication, or prospectively ' requiring any new street for access to interior property; and (3) not requiring drainage improvements or easements, other than rear and side lot line easements as required by 511.1.1., to serve the applicant's property or interior properties; and ' (4) not involving any utility extensions; and (5) not requiring any easements, other than rear and side lot line easements as ' required by 511.1.1. Town. All references to town are to the Town of Burgaw. ' Zoning Certificate. A certification by the Building Inspector or his authorized agents that a course of action to use or occupy a tract of land or a building, or to erect, install or alter a ' structure, building or sign situated in the extraterritorial jurisdiction of the town, fully meets the requirements of the town zoning ordinance. 11 I ARTICLE IV PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION PLATS ' Section 401. Plat Shall be Required on Any Subdivision of Land ' Pursuant to G.S. 160A-372, a final plat shall be prepared, approved, and recorded pursuant to the provisions of this ordinance whenever any subdivision of land takes place. Section 402. Approval Prerequisite to Plat Recordation ' Pursuant to G.S. 160A-373, no final plat of a subdivision within the jurisdiction of the town, as established in Section 104 of this ordinance, shall be recorded by the Register of Deeds of Pender County until it has been approved as provided herein. To secure such approval of a ' final plat, the subdivider shall follow the procedures established in this article. Section 403. Procedures for Review of Major and Minor Subdivisions All subdivisions shall be considered major subdivisions except those defined as minor subdivisions by Section 302. Major subdivisions shall be reviewed in accordance with the ' procedure in Sections 405 and 406. Minor subdivisions shall be reviewed in accordance with the provisions in Section 404. However, if the subdivider owns, leases, holds an option on, or holds any legal or equitable interest in any property adjacent to or located directly across a street, ' easement, road, or right-of-way from the property to be subdivided, the subdivision - shall not qualify under the minor subdivision procedure. Furthermore, the minor subdivision procedure may not be used a second time within three (3) years on any property less than fifteen hundred ' (1500) feet from the original property boundaries by anyone who owned, had an option on, or any legal interest in the original subdivision at the time the subdivision received preliminary or final plat approval. Section 404. Procedure for Review of Minor Subdivisions t 404.1 Final Plat for Minor Subdivision - The subdivider shall submit the final plat so marked to thePlanning Board not less than fourteen (14) days prior to thePlanning Board meeting at which it will be reviewed. The final plat shall be prepared by a Registered ' Land Surveyor currently licensed and registered in the State of North Carolina by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors. The final plat shall conform to the provisions for plats, subdivisions, and ' mapping requirements set forth in G.S. 47-30 and the Standards of Practice for Land Surveying in North Carolina. ' Five (5) copies of the final plat shall be submitted; two (2) of these shall be on reproducible material; three (3) shall be black or blue line paper prints. Material and ' 12 drawing medium for the original shall be in accordance with the Standards of Practice for Land Surveying in North Carolina. The final plat shall be of a size suitable for recording with the Pender County Register of Deeds and shall be at a scale of not less than one (1) inch equals two hundred (200) feet. Maps may be placed on more than one sheet with appropriate match lines. Submission of the final plat shall be accompanied by a filing fee of $10.00. The final plat shall meet the specifications in Section 404. The following signed certificate shall appear on all five (5) copies of the final plat. 404.1.1. Certificate of Ownership and Dedication I hereby certify that I am the owner of the property shown and described hereon, which is located in the subdivision jurisdiction of the Town of Burgaw and that I hereby adopt this plan of subdivision with my free consent and establish minimum building setback lines as noted. Owner Date 404.1.2. Certificate of Survey and Accuracy In accordance with G.S. 47-30: There shall appear on each plat a certificate by the person under whose supervision such survey or such plat was made, stating the origin of the information shown on the plat, including recorded deed and plat references shown thereon. The ratio of precision as calculated by latitudes and departures before any adjustments must be shown. Any lines on the plat that were not actually surveyed must be clearly indicated and a statement included revealing the source of information. The execution of such certificate shall be acknowledged before any officer authorized to take acknowledgements by the registered land surveyor preparing the plat. All plats to be recorded shall be probated as required by law for the registration of deeds. Where a plat consists of more than one sheet, only the first sheet must contain the certification and all subsequent sheets must be signed and sealed. The certificate required above shall include the source of information for the survey and data indicating the accuracy of closure of the plat before adjustments, and shall be in substantially the following form: 13 l� H H C E n "I, , certify that this plat was drawn under my supervision from (an actual survey made under my supervision) (deed description recorded in Book _, Page _, etc.) (other); that the boundaries not surveyed are shown as broken lines plotted from information found in Book _, Page _; that this plat was prepared in accordance with G.S. 47-30 as amended. Witness my original signature, registration number and seal this day of , A.D. 19 " Seal or Stamp Surveyor Registration Number The certificate of the Notary shall read as follows: "North Carolina, County. I, a Notary Public of the County and State aforesaid, certify that , a registered land surveyor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of , 19 Seal -Stamp My commission expires Notary Public The Subdivision Administrator shall review the final plat at or before the next meeting of the Planning Board which follows at least fourteen (14) days after the Subdivision Administrator receives the final plat and shall recommend approval, conditional approval with modifications to bring the plat into compliance, or disapproval of the final plat with reasons within fourteen (14) days of initial receipt of the plat. The Planning Board shall take action to approve, disapprove, or recommend revisions to the final plat within forty-five (45) days of the receipt of the final plat by the Subdivision Administrator. During its review of the final plat, the Planning Board may appoint an engineer or surveyor to confirm the accuracy of the final plat, if agreed to by the Town Manager. If errors are found which make the plat non -recordable, the costs shall be charged to the subdivider, and the plat shall not be recommended for approval until such errors have been corrected. 14 If the Planning Board approves the final plat, it shall transmit all copies of the plat and its written recommendations to the Subdivision Administrator. The Subdivision Administrator shall secure all required town signatures and transmit the final plat to the subdivider for recording with the Pender County Register of Deeds office. If the Planning Board recommends conditional approval of the final plat with modifications to bring the plat into compliance, it shall retain one (1) print of the plat for its minutes and return its written recommendation and two (2) reproducible copies of the plat to the subdivider. If the Planning Board disapproves the final plat, it shall instruct the subdivider concerning resubmission of a revised plat, and the subdivider may make such changes as "will bring the plat into compliance with the provisions of this ordinance and resubmit same for reconsideration by the Planning Board. Failure of the Planning Board to approve or make a written recommendation within forty-five (45) days after receipt of the subdivision plat by the Subdivision Administrator shall constitute grounds for the subdivider to apply to the Board of Commissioners for approval. If the Planning Board approves the final plat, such approval shall be shown on each copy of the plat by the following signed certificate: Certificate of Approval for Recording I hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Regulations of the Town of Burgaw, North Carolina, and that this plat has been approved by the Planning Board for recording in the Office of the Register of Deeds of Pender County. Chairman of the Planning Board Date Burgaw, North Carolina If the final plat is disapproved by the Planning Board, the reasons for such disapproval shall be stated in writing, specifying the provisions of this ordinance with which the final plat does not comply. One (1) copy of such reasons and one (1) copy of the plat shall be retained by the Planning Board as part of its proceedings; one (1) copy of the reasons and three (3) copies of the plat shall be transmitted to the subdivider. If the final plat is disapproved, the subdivider may make such changes as will bring the final plat into compliance and resubmit same for reconsideration by the Planning Board. 15 F, 1 n n ' If the final plat is approved by the Planning Board, the original tracing and one (1) print of the plat shall be retained by the subdivider. One (1) reproducible tracing and one (1) print shall be filed with the Town Clerk, and one (1) print ' shall be returned to the Planning Board for its records. The subdivider shall file the approved final plat with the Register of Deeds of ' Pender County within thirty (30) days of Planning Board approval; otherwise, such approval shall be null and void. ' Section 405. Maior Subdivision Preliminary Plat Submission and Review ' 405.1 Submission Procedure - For every subdivision within the territorial jurisdiction established by Section 104 of this ordinance which does not qualify for the minor subdivision procedure, the subdivider shall submit a preliminary plat which shall be ' reviewed by the Planning Board and approved by the Board of Commissioners before any construction or installation of improvements may begin. ' Eight (8) copies of the preliminary plat (as well as any additional copies which the Subdivision Administrator determines are needed to be sent to other agencies) shall be submitted to the administrator of this ordinance at least fourteen (14) days prior to the ' Planning Board meeting at which the subdivider desires the Planning Board to review the preliminary plat. Preliminary plats shall meet the specifications in Section 407. ' 405.2 Review by Other Agencies - The Subdivision Administrator may, at his discretion, or as directed by the Planning Board, submit copies of the plat to other agencies for review and comment. 405.3 Review Procedures - The Subdivision Administrator shall review the preliminary plat before the next regularly scheduled meeting of the Planning Board which follows at ' least fourteen (14) days after the Subdivision Administrator receives the preliminary plat. The Subdivision Administrator shall, in writing, recommend approval, conditional ' approval with recommended changes to bring the plat into compliance, or disapproval with reasons within fourteen (14) days following receipt of the preliminary plat. ' If the Subdivision Administrator recommends approval of the preliminary plat, two (2) copies of the plat shall be submitted to the Planning Board with the Subdivision Administrator's recommendation. ' If the Subdivision Administrator recommends conditional approval of the preliminary Plat, t two (2) copies of the plat and the recommendation shall be transmitted to the Planning Board, and a copy of the plat and Subdivision Administrator's recommendation submitted to the subdivider. ' If the Subdivision Administrator recommends disapproval of the preliminary plat, one (1) copy of the plat and the Subdivision Administrator's recommendation shall be transmitted ' 16 to the Planning Board, and a copy of the plat and Subdivision Administrator's recommendation submitted to the subdivider. If the preliminary plat is disapproved, the subdivider may make the recommended changes and submit a revised preliminary plat, or appeal the decision to the Board of Commissioners. If the Planning Board does not make a written recommendation within forty-five (45) days after its first consideration of the plat, the subdivider may apply to the Board of Commissioners for approval or disapproval. If the Board of Commissioners approves the preliminary plat, such approval shall be noted on two (2) copies of the plat. One (1) copy of the plat shall be retained by the town, and one (1)" copy shall be returned to the subdivider. If the Board of Commissioners approves the preliminary plat with conditions, approval shall be noted on two (2) copies of the plat along with a reference to the conditions. One (1) copy of the plat along with the conditions shall be retained by the town, and one (1) copy of the preliminary plat along with the conditions shall be returned to the subdivider. If the Board of Commissioners disapproves the preliminary plat, the reasons for such disapproval shall be specified in writing. One (1) copy of the plat and the reasons shall be retained by the town, and one (1) copy shall be returned to the subdivider. Section 406. Maior Subdivision Final Plat Submission and Review 406.1 Preparation of Final Plat and Installation of Improvements - 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. Prior to approval of a final plat, the subdivider shall have installed the improvements specified in this ordinance, or guaranteed their installation as provided herein. No final plat will be accepted for review by the Planning Board or the Board of Commissioners unless accompanied by written notice by the Town Clerk acknowledging compliance with the improvement and guaranteeing 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. 406.2 Improvements Guarantees 406.2.1 Agreement and Security Required - In lieu of requiring the completion, installation and dedication of all improvements prior to final plat approval, the town 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 Board of Commissioners, if all other requirements of this ordinance are met. To secure this agreement, the subdivider shall provide, subject 17 1 ' to the approval of the Board of Commissioners, either one or a combination of the following guarantees equal to 1.25 times the entire cost as provided herein: t406.2.1.1. Surety Performance Bond(s) - The subdivider shall obtain a performance bond(s) from a surety bonding company authorized to do business in North Carolina. The bond(s) shall be payable to the Town of Burgaw, and shall be in an amount equal to 1.25 times the entire cost, as estimated by the subdivider and approved by the Board of Commissioners, of installing all required improvements. The duration of the bond(s) shall ' be until such time as the improvements are accepted by the Board of Commissioners. ' 406.2.1.2. Cash or Equivalent Security - The subdivider shall deposit cash, an irrevocable letter of credit, or other instrument readily convertible ' into cash at face value, either with the Town of Burgaw or in escrow with a financial institution designated as an official depository of the town. The use of any instrument other than cash shall be subject to the approval of the Board of Commissioners. The amount of deposit shall be equal to 1.25 times the cost, as estimated by the subdivider and approved by the Board of Commissioners, of installing all required improvements. ' If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the Board ' of Commissioners an agreement between the financial institution and himself guaranteeing the following: ' 406.2.1.2.1. That such escrow account shall be held in trust until released by the Board of Commissioners, and may not be used or pledged by the subdivider in any other matter during the term of the escrow; and 406.2.1.2.2. That in the case of a failure on the part of the subdivider to ' complete said improvements, the financial institution shall, upon notification by the Board of Commissioners, and submission by the Board of Commissioners to the financial institution of an engineer's estimate of the amount needed to complete the improvements, immediately either pay to the town the funds estimated to complete the improvement, ' up to the full balance of the escrow account, or deliver to the town any other instruments fully endorsed or otherwise made payable in full to the town. ' 406.2.2. Default - Upon default, meaning failure on the art of the subdivider P g P ' to complete the required improvements in a timely manner as spelled out in the performance bond or escrow agreement, then the surety, or the financial institution holding the escrow account, shall, if requested by the Board of Commissioners, t18 I pay all or any portion of the bond or escrow fund to the Town of Burgaw, up to the amount needed to complete the improvements based on an engineer's estimate. Upon payment, the Board of Commissioners, in its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements. The town shall return to the subdivider any funds not spent in completing the improvements. 406.2.3. Release of Guarantee Security - The Board of Commissioners may release a portion of any security posted as the improvements are completed. If the Board of Commissioners approves said improvements, then it shall immediately release any security posted. 406.3 Submission Procedure - The subdivider shall submit the final plat, so marked, to the Subdivision Administrator not less than fourteen (14) days prior to the Board of Commissioners meeting at which it will be reviewed; further, the final plat for the first stage of the subdivision shall be submitted not more than twenty-four (24) 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 Board of Commissioners upon written request of the subdivider on or before the twenty-four (24) month anniversary of the approval. For subdivisions developed in stages, each successive final plat for a stage of the subdivision shall be submitted for approval within twenty-four (24) months of the date of approval of the previous final plat for a stage of the subdivision. The final plat shall be prepared by a Registered Land Surveyor currently licensed and registered in the State of North Carolina by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors. The final plat shall conform to the provisions for plats, subdivisions, and mapping requirements set forth in G.S. 47-30 and the Standards of Practice for Land Surveying in North Carolina. Five (5) copies of the final plat shall be submitted, two (2) of these shall be on reproducible material, three (3) shall be black or blue line paper prints. Material and drawing medium for the original shall be in accordance with the Standards of Practice for Land Surveying in North Carolina, where applicable, and the requirements of the Pender County Register of Deeds. The final plat shall be of a size suitable for recording with the Pender County Register of Deeds and shall be at a scale of not less than one (1) inch equals two hundred (200) feet. Maps may be placed on more than one sheet with appropriate match lines. Submission of the final plat shall be accompanied by a filing fee of Thirty Dollars ($30.00). The final plat shall meet the specifications in Section 407 of this ordinance. 19 1 C G n The following signed certificates shall appear on all five (5) copies of the final plat. 406.3.1. Certificate of Ownership and Dedication I hereby certify that I am the owner of the property shown and described hereon, which is located in the subdivision jurisdiction of the Town of Burgaw 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 sanitary sewer, storm sewer and water lines to the Town of Burgaw. Owner Date 406.3.2. Certificate of Survey and Accuracy In accordance with G.S. 47-30: There shall appear on each plat a certificate by the person under whose supervision such survey or such plat was made, stating the origin of the information shown on the plat, including recorded deed and plat references shown thereon. The ratio of precision as calculated by latitudes and departures before any adjustments must be shown. Any lines on the plat that were not actually surveyed must be clearly indicated and a statement included revealing the source of information. The execution of such certificate shall be acknowledged before any officer authorized to take acknowledgements by the registered land surveyor preparing the plat. All plats to be recorded shall be probated as required by law for the registration of deeds. Where a plat consists of more than one sheet, only the first sheet must contain the certification and all subsequent sheets must be signed and sealed. The certificate required above shall include the source of information for the ' survey and data indicating the accuracy of closure of the plat before adjustments, and shall be in substantially the following form: 20 "I certify thati ' this plat was drawn under my supervision from (an actual survey made under my supervision) (deed ' description recorded in Book _, Page _, etc.) (other); that the boundaries not surveyed are shown as broken lines plotted from information found in Book _, Page _; that this plat was prepared in accordance with G.S. 47-30 as amended. ' Witness my original signature, registration number and seal this day of A.D. 19 " 'Seal or Stamp Surveyor Registration Number , The certificate of the Notary shall read as follows: "North Carolina, County. I, a Notary Public of the County and State aforesaid, certify that , a registered land surveyor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of , 19 Notary Public Seal -Stamp My commission expires it 21 t 406.3.3. Certificate of Approval of the Design and Installation of Streets, Utilities, and other Required Improvements. I hereby certify that all streets, utilities, and other required improvements have been installed in accordance with N. C. Department of Transportation specifications and standards, or that guarantees of the installation of the required improvements in an amount and manner satisfactory to the Town of Burgaw has been received, and that the filing fee for this plat, in the amount of $30.00, has been paid. ' Subdivision Administrator Town of Burgaw ' Date ' 406.3.4. Certificate of Disclosure; Pender County Floodplain Management Regulations, if applicable, to be signed by owner: ' I (we) hereby certify that prior to entering any agreement or any conveyance with a prospective buyer, I (we) shall prepare and sign, and the buyer of the subject ' real estate shall receive and sign a statement which fully and accurately discloses that the subject real estate, or a portion of the subject real estate, is located within a flood hazard area and that the buyer must satisfy the requirements of Pender ' County floodplain management regulations prior to the issuance of building permits. 1 Date ' Signature of Owner(s) 406.3.5. Acknowledgement of Compliance (Private Developments) ' I, , (name of developer and/or seller) hereby certify that the streets, parks, open space or other areas delineated hereon and dedicated to private use, and all traffic markings and control devices shall not ' be the responsibility of the public or the municipality, acting on behalf of the public, to maintain. Furthermore, prior to entering any agreement or any ' conveyance with any prospective buyer, I shall prepare and sign, and the buyer of the subject real estate shall receive and sign, an acknowledgement of receipt of a disclosure statement. The disclosure statement shall fully and completely ' 22 disclose the private areas and include an explanation of the consequences and responsibility as to the maintenance of the private areas, and shall fully and accurately disclose the party or parties upon whom the responsibility for construction and maintenance of such private areas shall rest. Date Signature of Developer and/or Seller 406.3.6 Notwithstanding any other provision contained in this section, it is the duty of the surveyor, by a certificate on the face of the plat, to certify to one of the following: 406.3.6.1. That the survey creates a subdivision of land within the area of a county or municipality that has an ordinance that regulates parcels of land; 406.3.6.2. That the survey is located in such portion of a county or municipality that is unregulated as to an ordinance that regulates parcels of land; 406.3.6.3. That the survey is of an existing parcel or parcels of land; 406.3.6.4. That the survey is of another category, such as the recombination of existing parcels, a court -ordered survey, or other exception to the definition of a subdivision; 406.3.6.5. That the information available to the surveyor is such that the surveyor is unable to make a determination to the best of his or her professional ability as to provisions contained in 406.3.1 through 406.3.4 above. . However, if the plat contains the certificate of a surveyor as stated in 406.3.6.1, 406.3.6.4, or 406.3.6.5, above, then the plat shall have, in addition to said surveyor's certificate, a certification of approval, or no approval required, as may be required by local ordinance from the appropriate government authority before the plat is presented for recordation. If the plat contains the certificate of a surveyor as stated in 406.3.6.2 or 406.3.6.3, above, nothing shall prevent the recordation of the plat if all other provisions have been met. The Planning Board shall review the final plat at or before the next regularly scheduled meeting the which follows at least fourteen (14) days after the Subdivision Administrator receives the final plat and shall recommend approval, conditional approval with modifications to bring the plat into compliance, or disapproval of the final plat with reasons within forty-five (45) days of its first consideration. 23 H H 1 ' During its review of the final plat, the Planning Board may appoint a Registered Land Surveyor to confirm the accuracy of the final plat, if agreed to by the Town Manager. If errors are found which make the plat non -recordable, the costs shall be charged to the ' subdivider, and the plat shall not be recommended for approval until such errors have been corrected. I If the Planning Board approves the final plat, it shall transmit all copies of the plat and its written recommendations to the Board of Commissioners through the Subdivision Administrator. If the Planning Board recommends conditional approval of the final plat with modifications to bring the plat into compliance, it shall retain one (1) print of the plat for its minutes, return its written recommendation and two (2) reproducible copies of the plat to the subdivider, grid transmit one (1) print of the plat and its written recommendation to the Board of Commissioners through the Subdivision Administrator. If the Planning Board disapproves the final plat, it shall instruct the subdivider concerning resubmission of a revised plat, and the subdivider may make such changes as will bring the plat into compliance with the provisions of this ordinance and resubmit same for reconsideration by the Planning Board, or appeal the decision to the Board of Commissioners. Failure of the Planning Board to make a written recommendation within forty-five (45) ' days shall constitute grounds for the subdivider to apply to the Board of Commissioners for approval. If the Planning Board recommends approval or conditional approval with modifications to bring the plat into compliance, or the subdivider appeals to the Board of Commissioners, the Board of Commissioners shall review and approve or disapprove the I final plat within forty-five (45) days after the plat and recommendations of the Planning Board have been received by the Subdivision Administrator. If the Board of Commissioners approves the final plat, such approval shall be shown on each copy of the plat by the following signed certificate: 24 Certificate of Approval for Recording I hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Regulations of the Town of Burgaw, North Carolina, and that this plat has been approved by the Board of Commissioners for recording in the Office of the Register of Deeds of Pender County. Chairman of the Board of Commissioiners Date Burgaw, North Carolina If the final plat is disapproved by the Board of Commissioners, the reasons for such disapproval shall be stated in writing, specifying the provisions of this ordinance with which the final plat does not comply. One (1) copy of such reasons and one (1) copy of the plat shall be retained by the Board of Commissioners as part of its proceedings; one (1) copy of the reasons and three (3) copies of the plat shall be transmitted to the subdivider. If the final plat is disapproved, the subdivider may make such changes as will bring the final plat into compliance and resubmit same for reconsideration by the Planning Board and Board of Commissioners. If the final plat is approved by the Board of Commissioners, the original tracing and one (1) print of the plat shall be retained by the subdivider. One (1) reproducible tracing and one (1) print shall be filed with the Town Clerk, and one (1) print shall be returned to the Board of Commissioners for its records. The subdivider shall file the approved final plat with the Register of Deeds of Pender County within thirty (30) days of Board of Commissioners' approval; otherwise, such approval shall be null and void. D I 25 1 Section 407. Information to be Contained In or Depicted On Maior Preliminary and All Final Plats. 1 The preliminary and final plats shall depict or contain the information indicated in the following table. An 'Y' indicates that the information is required. I Information Preliminary Final Plat Plat Title Block Containing: - Property Designation x x - Name of Owner x x - Location (including township, county and state) x x - Date or dates survey was conducted and plat prepared x x - A scale of drawing in feet per inch listed in words or x x figures - A bar graph x x - Name, address, registration number, and seal of the x x Registered Land Surveyor The name of the subdivider. x x A sketch vicinity map showing the relationship between x x the proposed subdivision and surrounding area. Scale: 1" = 400' Corporate limits, township boundaries, county lines if x x on the subdivision tract. The names, addresses and telephone numbers of all x x owners, mortgagees, registered land surveyors, land planners, architects, landscape architects, and professional engineers responsible for the subdivision. The registration numbers and seals of the professional x x engineers. Date of plat preparation. x x North arrow and orientation. x x The boundaries of the tract or portion thereof to be x subdivided, distinctly and accurately represented with all bearings and distances shown. The exact boundary lines of the tract to be subdivided, x fully dimensioned by lengths and bearings, and the location of existing boundary lines of adjoining lands. FM Information Preliminary Plat Final Plat The names of owners of adjoining property. x x The names of any adjoining subdivisions of record or proposed and under review. x x Building line minimum. x x The zoning classifications of the tract to be subdivided and adjoining properties. x Existing property lines on the tract to be subdivided and on adjoining properties. x Existing buildings or other structures, water courses, railroads, bridges, culverts, storm drains, both on the land to be subdivided and land immediately adjoining. x x Proposed lot lines, lot and block numbers, and approximate dimensions. x The lots numbered consecutively throughout the subdivision. x Wooded areas, marshes, swamps, rock outcrops, ponds or lakes, streams or streambeds, and any other natural features affecting the site. x The exact location of the flood hazard, floodway and floodway fringe areas from the Pender County Official Flood Insurance Map. x x The following data concerning streets: - Proposed public streets. x x - Proposed private streets. x x - Existing and platted streets on adjoining properties and in the proposed subdivision. x x - Rights -of -way, location and dimensions. x x - Pavement widths. x x 1 - Approximate grades. x x 1 - Design engineering data for all corners and curves. x x - Typical street cross sections. x x 1 1 Required on final plat only for minor subdivisions. 27 I H Information Preliminary Final Plat Plat - Street names. x x - For private streets, a street maintenance agreement in x accordance with Section 508.3 of this ordinance. - Type of street dedication; all streets must be x x designated either "public" or "private." The subdivider must submit all public and private street plans to the Subdivision Administrator for approval prior to preliminary plat approval. Where public streets are involved which will not be dedicated to the Town of Burgaw, the subdivider must submit the following documents to the N. C. Department of Transportation District Highway Office for review: a complete site layout, including any future expansion anticipated; horizontal alignment indicating general curve data on site layout plan; vertical alignment indicated by percent grade, PI station and vertical curve length on site plan layout; the District Engineer may require the plotting of the ground profile and grade line for roads where special conditions or problems exist; typical section indicating the pavement design and width and the slopes, widths and details for either the curb and gutter or the shoulder and ditch proposed; drainage facilities and drainage areas. - Where streets are dedicated to the public, but not x accepted into the Town of Burgaw system or the state system before lots are sold, a statement explaining the status of the street in accordance with Section 508.5 of this ordinance. - If any street is proposed to intersect with a state x maintained road, the subdivider shall apply for driveway approval as required by the North Carolina Department of Transportation, Division of Highways' Manual on Driveway Regulations. Evidence that the subdivider has obtained such approval. The location and dimension of all of the following: - Utility and other easements. x x - Riding trails. x x - Natural buffers. x x 1 28 Information Preliminary Final Plat Plat - Pedestrian or bicycle paths. x x - Parks and recreation areas with specific type x x indicated. - Areas to be dedicated to or reserved for public use. x x - Areas to be used for purposes other than residential x x with the zoning classification of each stated. - The future ownership (dedication or reservation for x public use to governmental body, for owners to duly constituted homeowners' association, or for tenants remaining in subdivider's ownership) of recreation and open space lands. The plans for utility layouts including: - Sanitary sewers x x 1 - Storm sewers x x 1 - Other drainage facilities, if any x x 1 - Water distribution lines x x ' - Natural gas lines x x 1 - Telephone lines x x ' - Electric lines x x 1 illustrating connections to existing systems, showing line sizes, the location of fire hydrants, blowoffs, manholes, force mains, and gate valves. Plans for individual water supply and sewage disposal x x systems, if any. - Profiles based upon Mean Sea Level datum for x sanitary sewers and storm sewers. Site Calculations including: - Acreage in total tract to be subdivided. x - Acreage in parks and recreation areas and other x nonresidential areas. - Total number of parcels created. x - Acreage in the smallest lot in the subdivision. x 1 Required on final plat only for minor subdivisions. 29 F Information Preliminary Final Plat Plat - Sufficient engineering data to determine readily and x reproduce on the ground every straight or curved line, street line, lot line, right-of-way line, easement line, and setback line, including dimensions, bearings, or deflection angles, radii, central angles, and tangent distance for the center line of curved property lines that are not the boundary line of curved streets. All dimensions shall be measured to the nearest one -tenth of a foot and all angles to the nearest minute. - The accurate locations and descriptions of all x monuments, markers, and control points. - A copy of any proposed deed restrictions or similar x x covenants. Such restrictions are mandatory when private recreation areas are established. - Where land disturbing activity is an acre or more in x size, a copy of the erosion control plan submitted to the appropriate office of the North Carolina Department of Health, Environment and Natural Resources, which complies with N.C.G.S. 113A, Article 4 (Sedimentation Pollution Control Act of 1973). Evidence of approval must be provided prior to submittal of a final plat for approval. - Topographic map with contour intervals of no greater x than five (5) feet at a scale of no less than one (1) inch equals four hundred (400) feet. - 404 wetland areas as determined by the Wilmington x x District office of the U.S. Army Corps of Engineers. - All certifications required in Section 406. x - Any other information considered by either the x x subdivider, the Planning Board, or Board of Commissioners, to be pertinent to the review of the plat. - All mapping shall comply with G.S. 47-30. x x 30 Section 408. Recombination of Land 408.1 Any plat or any part of any plat may be nullified by the owner at any time before , the sale of any lot in the subdivision by a written instrument to which a copy of such plat shall be attached, declaring the same to be vacated. 408.2 Such an instrument shall be approved by the same agencies as approved the final plat. The governing body may reject any such instrument which abridges or destroys any public rights in any of its public uses, improvements, streets or alleys. 408.3 Such an instrument shall be executed, acknowledged or approved, and recorded and filed in the same manner as a final plat; and being duly recorded or filed, shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys, and public grounds, and all dedications laid out or described in such plat. 408.4 When lots have been sold, the plat may be nullified in the manner provided in Sections 408.1 through 408.3 by all owners of the lots in such plat joining in the I execution of such writing. Section 409. Resubdivision Procedures For any replatting or resubdivision of land, the same procedures, rules and regulations shall apply as prescribed herein for an original subdivision. I 31 ' ARTICLE V IMPROVEMENTS REQUIRED AND MINIMUM STANDARDS OF DESIGN Section 501. General Each subdivision shall contain the improvements specified in this article, which shall be ' installed in accordance with the requirements of this ordinance and paid for by the subdivider, unless other means of financing is specifically stated in this ordinance. Land shall be dedicated and reserved in each subdivision as specified in this article. Each subdivision shall adhere to the minimum standards of design established by this article, and contain the following improvements: Paved Streets per Section 508 Drainage Central Water & Hydrants ' Central Sewer Street Lighting ' Section 502. Suitability of Land 502.1 Land which has been determined by the Board of Commissioners on the basis of ' engineering or other expert surveys to pose an ascertainable danger to life or property by reason of its unsuitability for the use proposed shall not be platted for that purpose, unless and until the subdivider has taken the necessary measures to correct said conditions and ' to eliminate said dangers. 502.2 Areas that have been used for disposal of solid waste shall not be subdivided ' unless tests by the Pender County Health Department, a structural engineer, and a soils expert determine that the land is suitable for the purpose proposed. 502.3 Prevention of Flood Damage - Lands known to be within a floodplain or any area known 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 floodproofed as follows: 502.3.1. No structures or fill shall be placed in the floodway which would interfere with the natural water course. 502.3.2. Streets and structures may be placed within the floodplain only if ' their elevation is raised above maximum flood heights or if they are otherwise floodproofed. Utility lines shall be placed so as to minimize flood damage and infiltration. 1 32 502.3.3. Dwellings and self-contained sewage disposal units (if used) shall ' be built at an elevation above maximum flood heights. 502.3.4. The subdivision drainage system shall be designed to prevent increased flood flows due to newly developed impervious surfaces and other factors. Section 503. Natural Assets In any subdivision, due consideration will be given to preserving natural features such as trees, ponds, streams, rivers, lakes, and for any historical sites which are of value not only to the subdivision but to the town's area of jurisdiction as a whole. Section 504. Name of Subdivision The name of a subdivision shall not duplicate nor closely approximate the name of an existing subdivision within the jurisdiction of the town. Section 505. Sedimentation Pollution Control In order to prevent soil erosion and sedimentation pollution of streams, springs, flat water bodies, or other drainage networks, the subdivider shall comply with all requirements of the State of North Carolina sedimentation pollution control requirements or any locally adopted sediment control ordinances. Section 506. Storm Water Drainage The subdivider shall provide an adequate drainage system for the proper drainage of all surface water. The design of such a system shall be subject to the approval of the Board of Commissioners. 506.1 No surface water shall be channeled or directed into a sanitary sewer. 506.2 Where feasible, the subdivider shall connect to an existing storm drainage system. 506.3 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. 506.4 Surface drainage courses shall have side slopes of at least three (3) feet 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, and designed to comply with the current State of North Carolina standards and specifications for erosion control, and any locally adopted erosion and sedimentation control ordinances. 33 ' 506.5 Unless necessitated by exceptional topography and subject to the approval of the Planning Board, street grades shall be no more than eight (8) percent nor less than one- half of one (0.5) percent. Grades approaching intersections shall not exceed five (5) ' percent for a distance of not less than one hundred (100) feet from the centerline of said intersection. 506.6 Stream banks and channels downstream from any land disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land disturbing activity in accordance with current State of North Carolina sedimentation pollution control requirements. 506.7 Anyone constructing a dam or impoundment within the subdivision must comply with current State of North Carolina dam construction standards. 506.8 In all areas of special flood hazards, all subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. Section 507. Water and Sewerage System The preliminary subdivision plat must be accompanied by satisfactory evidence as to the proposed method and system of water supply and sanitary sewage collection and disposal. 507.1 Sanitary Sewers - All subdivisions within the town's corporate limits, or subdivisions which may be provided access to a town -owned sewer line via one hundred (100) linear feet or less of existing publicly owned right-of-way or easement, shall have sanitary sewers installed with minimum 8-inch gravity lines by the subdivider in such a manner as to serve adequately all lots with connection to the town's public sewerage system. Sewer line services shall be provided to all lots. Connection to the town's sewer system will not be required unless the town can provide the owner/developer a guarantee of capacity available in the town's collection system and sewage treatment plant to accept and treat the additional sewer discharge. Sewer connection shall comply with the regulations of the state Board of Health, and shall be constructed under the supervision and approval of the County Health Official and the Subdivision Administrator. Installment shall be in accordance with approved permits, and the design approved by the town in the subdivision review process. Where the sewer system is to be connected to the system owned and operated by the ' town, or private system approved by the Division of Environmental Management and Pender County Environmental Health Department, but not constructed by the town, the preliminary subdivision plat shall be accompanied by a complete set of construction plans for the proposed system, prepared by a registered engineer, and approved by the engineer of the public sewer system, and the appropriate state agency. 34 507.2 Water Supply System - All subdivisions within the town's corporate limits, or subdivisions which may be provided access to a town -owned water line via one hundred (100) linear feet or less of existing publicly owned right-of-way or easement, shall be properly connected with a minimum 8-inch feeder or trunk supply line to the town's water system, and shall be constructed in such a manner as to serve adequately for both domestic use and for fire protection on all lots shown on the subdivision plat. Water line services shall be provided to all lots. Lines internal to the subdivision shall have a minimum size of 8 inches. The subdivider shall provide all labor, pipe and necessary materials. The size of water mains, the location and types of valves and hydrants, and the amount of soil cover over the pipes, and other features of the installation, shall be approved by the Subdivision Administrator and the engineer of the public water system. The improvements shall be installed in accordance with approved permits and the design approved by the town in the subdivision review process. Water supply systems should be approved by the fire department as to location of hydrants and size of mains. All water lines shall be laid out so as to create a complete circuit, with no dead end lines in excess of 750 feet. A blowoff shall be placed at all dead ends. 507.3 Water and sewer lines should be installed in the street rights -of -way where possible. Section 508. Streets 508.1 Coordination and Continuation of Streets - The proposed street layout within a subdivision shall be coordinated with the existing street system of the surrounding area, and where possible, existing principal streets shall be extended. 508.2 Access to Adiacent Properties - Where, in the opinion of the Planning Board, it is necessary to provide for street access to an adjoining property, proposed streets shall be extended by dedication to the boundary of such property and a temporary turnaround shall be provided. 508.3 Private Streets - Streets designated as private may be allowed in subdivisions when in the opinion of the Board of Commissioners, they provide adequate ingress and egress onto collector streets, and sufficient assurance is provided through a legally established homeowners' association, that the street shall be properly maintained. All such streets shall be designated a "Private Street" on the preliminary plans and final plats. Whenever a private street intersects a U. S. or N. C. highway or N. C. secondary road, a statement of approval for the intersection, signed by the District Engineer, North Carolina Department of Transportation, Division of Highways for Pender County, shall be submitted concurrent with the final plat. 35 n A homeowners' association shall be established for each subdivision containing private streets and drainage systems. The final plat for each such subdivision shall contain a certificate indicating the book and page number of the homeowners' association ' covenants, conditions and restrictions. The covenants, conditions and restrictions shall specify lot owners' responsibilities for maintenance of private streets and drainage systems, and shall provide for assessments to finance all maintenance activities. ' Covenants shall provide that the homeowners' association will construct all stub streets prior to offering any connecting for acceptance by N.C.D.O.T. or the town. Final plats for subdivisions containing private streets and drainage improvements will not be ' approved until the subdivider's homeowners' association documents have been submitted and approved by the Board of Commissioners. 0 508.4 Marginal Access Streets - Where a tract of land to be subdivided adjoins a principal arterial street, 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 street. Where reverse frontage is established, private driveways shall be prevented from having direct access to the expressway. 508.5 Subdivision Street Disclosure Statement - All streets shown on the final plat shall be designated in accordance with G.S. 136-102.6, and designation as public shall be conclusively presumed an offer of dedication to the public. Where streets are dedicated to the public but not accepted into a municipal or the state system, before lots are sold, a statement explaining the status of the street shall be included with the final plat. 508.6 Half -Streets - The dedication of half streets of less than sixty (60) feet at the perimeter of a new subdivision shall be prohibited. If circumstances render this impractical, adequate provision for the concurrent dedication of the remaining half of the street shall be furnished by the subdivider. Where there exists a half -street in an adjoining subdivision, the remaining half shall be provided by the proposed subdivision. However, in circumstances where more than sixty (60) feet of right-of-way is required, a partial width right-of-way, not less than sixty (60) feet in width, may be dedicated when adjoining undeveloped property is owned or controlled by the subdivider; provided that the width of the partial dedication is such as to permit the installation of such facilities as may be necessary to serve abutting lots. When the adjoining property is subdivided, the remainder of the full required right-of-way shall be dedicated. 508.7 Street Names - Proposed streets which are obviously in alignment with existing streets shall be given the same name. In assigning new names, duplication of existing names shall be avoided, and in no case shall the proposed name be phonetically similar to existing names irrespective of the use of a suffix such as street, road, drive, place, court, etc. Street names shall be subject to the approval of the Board of Commissioners. 508.8 Collector and Minor Streets - Collector and minor streets shall be so laid out that their use by through traffic will be discouraged. Streets shall be designed or walkways dedicated to assure convenient access to parks, playgrounds, schools, and other places of public assembly. 36 508.9 Design Standards - The design of all streets and roads within the jurisdiction of this ordinance shall be in accordance with the accepted policies of the North Carolina Department of Transportation, Division of Highways, as taken or modified from the American Association of State Highway Officials (AASHO) manuals. The N. C. Department of Transportation, Division of Highways' Subdivision Roads, Minimum Construction Standards, July 1, 1985, or the current N. C. Department of Transportation standards, shall apply for any items not included in this ordinance, or where stricter than this ordinance. 508.10 Nonresidential Streets - The subdivider of a nonresidential subdivision shall provide streets in accordance with I.F.-4 of the North Carolina Roads, Minimum Construction Standards, July 1, 1985; or current applicable North Carolina Department of Transportation Standards; and the standards in this ordinance, whichever are stricter in regard to each particular item. 508.11 Right -of -Way Widths - Right-of-way widths shall not be less than the following: Principal Arterial Freeways Other Major Collector Major Thoroughfare other than Freeway and Expressway Minor Thoroughfare Local Street Cul-de-sac Minimum Right -of -Way (ft.) 350 200 100 90 70 60 100' diameter for turnaround and 45' for street right-of-way 508.12 Pavement Widths - Pavement widths or graded widths shall be as follows: Streets without Curb and Gutter Minor Thoroughfare 40 ft. Local Road 20 ft. Marginal Access (frontage) 20 ft. Cul-de-sac 20 ft. Cul-de-sac turnaround 80 ft. in dia. Pavement widths for principal arterials and major thoroughfares shall be determined in concert with the N. C. Department of Transportation and the Burgaw Thoroughfare Plan. 37 508.13 Roads and Street Surfaces - All public and private subdivision streets and roads shall be constructed and paved to meet the current requirements of the North Carolina Department of Transportation, Division of Highways' standards for state maintenance. 508.14 Tangents - A tangent of at least one hundred (100) feet shall be provided between reverse curves on all streets. 508.15 Street Intersections - Street intersections shall be laid out as follows: 508.15.1. All streets shall intersect as nearly as possible at right angles and no street shall intersect at less than sixty (60) degrees. 508.15.2. Intersections with a major street shall be at least one thousand (1,000) feet apart, measured from centerline to centerline. 508.15.3. Where a centerline offset (jog) occurs at an intersection, the distance between centerline of the intersecting streets shall be not less than two hundred (200) feet. 508.15.4. Property lines at intersections should be set so that the distance from the edge of pavement of the street turnout to the property line will be at least as great as the distance from the edge of pavement to the property line along the intersecting streets. This property line can be established as a radius or as a sight triangle. Greater offsets from the edge of pavement to the property lines will be required, if necessary, to provide sight distance for the vehicle on the side street. 508.16 Alleys 508.16.1. Alleys shall be required to serve lots used for commercial and industrial purposes except that this requirement may be waived where other definite and assured provision is made for service access. Alleys shall not be provided in residential subdivision unless necessitated by unusual circumstances. 508.16.2. All alleys shall be designed in accordance with the Department of Transportation, Division of Highways' specifications and standards -and shall meet the following requirements: Right-of-way width 20 feet Property line radius at alley 15 feet intersection 38 Minimum centerline radius when 35 feet deflection angle of more than 10 degrees occurs Minimum turnaround diameter of 80 feet dead end alley (right-of-way width) 508.16.3. Sharp changes in alignment and grade shall be avoided. 508.16.4. All alleys shall be designed in accordance with N. C. Department of Transportation Standards. 508.17 Geometric Characteristics - The standards outlined below shall apply to all subdivision streets proposed for addition to the State Highway System or Municipal Street System. In cases where a subdivision is sought adjacent to a proposed thoroughfare corridor, the requirements of dedication and reservation discussed under Right -of -Way shall apply. 508.17.1. Design Speed - The design speeds for subdivision -type streets shall be: Desirable (Minimum) Urban Minor Thoroughfares 60 50 Local Streets 40 40 508.17.2. Maximum and Minimum Grades - The maximum grades in percent shall be: 60 Desirable 40 Desirable (50 Minimum) (40 Minimum) Type of Topography Flat - NCDOT Divisions 3 1, 2, 3, 4 and 5 (4) 5 (5) The minimum grade in no case shall be less than 0.5%. Grades for 100 feet each way from intersections should not exceed 5%. 508.18 Minimum Sight Distances - In the interest of public safety, the minimum sight distance applicable shall be provided in every instance. Vertical curves that connect each change in grade shall be provided and calculated using the following parameters. (General practice calls for vertical curves to be multiples of 50 feet. Calculated lengths should be rounded up in each case.) 39 Design Speed, MPH 20 30 40 50 Stopping Sight Distance - Min. Stopping Distance, Ft. 150 200 275 350 Des. Stopping Distance, Ft. 150 200 300 450 Minimum K* Value For: a. Min. Crest Vert. Curve Des. Crest Vert. Curve b. Min. SAG Vert. Curve Des. SAG Vert. Curve Passing Sight Distance - Min. Passing Distance, Ft. (2 lane) Min. K* Value for Crest Vertical Curve 475 650 160 16 28 55 85 300 16 28 65 145 105 155 24 35 55 75 24 35 60 100 1100 1500 1800 2100 365 686 985 1340 K* is a coefficient by which the algebraic difference in grade may be multiplied to determine the length in feet of the vertical curve which will provide minimum sight distance. Sight distance provided for stopped vehicles at intersections should be in accordance with "A Policy on Geometric Design of Rural Highways," and the Zoning Ordinance for the Town of Burgaw. 508.19 Design Speeds - The following table shows the maximum degree of curve and related maximum superelevation for design speeds. The maximum rate of roadway superelevation (e) for roads with no curb and gutter is .08. The maximum rate of superelevation for streets with curb and gutter is .06, and .04 being desirable. Design Speed Maximum Minimum Radius Maximum Degree MPH e* (Rounded) of Curve (Rounded) Feet Degrees 20 .04 125 45.0 30 .04 302 19.0 40 .04 573 10.0 50 .04 955 6.0 60 .04 1528 3.45 20 .06 115 50.0 30 .06 273 21.0 40 .06 509 11.15 50 .06 844 6.45 60 .06 1380 4.15 40 20 .08 110 53.5 30 .08 252 22.45 40 .08 468 12.15 50 .08 764 7.3 60 .08 1206 4.45 *Maximum rate of roadway superelevation, foot per foot. 508.20 Cul-de-Sacs - Cul-de-sacs shall not exceed 750 feet in length. Section 509. Blocks 509.1 Design Standards for Blocks 509.1.1. 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 of use contemplated; zoning requirements as to lot sizes and dimensions; needs for vehicular and pedestrian circulation, control and safety of street traffic; limitations and opportunities of topography; and convenient access to water areas. 509.1.2. Block Length - Blocks shall not be less than four hundred (400) ' feet nor more than thirteen hundred twenty (1320) feet in length. 509.1.3. Block 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. 509.1.4. Pedestrian Crosswalks - Where deemed necessary by the Board of Commissioners, a pedestrian crosswalk at least ten (10) feet in width may be required to provide convenient public access to a public area such as a park or school or to a water area such as a stream or lake. 509.1.5. Block Numbers - Block numbers shall conform to the town street numbering system. 41 Section 510. Lots 510.1 Design Standards for Lots 510.1.1. Subdivisions Subiect to Zoning Ordinance District Regulations - All lots in new subdivisions shall conform to the zoning requirements of the district in which the subdivision is located. Conformance to zoning requirements means, among other things, that the smallest lot in the subdivision must meet all dimensional requirements of the zoning ordinance. It is not sufficient merely for the average lot to meet zoning requirements. 510.1.2. Large Tracts or Parcels - Where land is subdivided into larger parcels than ordinary building lots, such parcels should be so arranged so as to allow for the opening of future streets and logical further resubdivision. 510.1.3 Flag Lots - Flag lots are prohibited. 510.1.4 Access - All lots subdivided under the terms of this ordinance shall front on an approved public or private street. Section 511. Easements 5 11. 1 Design Standards for Easements - Easements shall be provided as follows: 511.1.1. 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. As a minimum, a five (5) foot utility easement shall be required and shown on all final plats along all rear and side property lines. This easement shall be reserved for future use if not utilized at the time of initial subdivision construction, including storm drainage facilities. 511.1.2. Drainage Easements - 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. 511.1.3. Buffer Strips - A buffer strip at least fifty (50) feet in width may be required by the Planning Board adjacent to a major street or a commercial or industrial development. This strip shall be in 42 platted lot, and shall be reserved for the planting of trees and shrubs by the owners. Section 512. Other Requirements 512.1 Other Requirements 512.1.1. Through Traffic Discouraged on Residential Collector and Local Streets - Residential collector and local streets shall be laid out in such a way that their use by through traffic will be discouraged. Streets shall be designed or walkways dedicated to assure convenient access to parks, playgrounds, schools, or other places of public assembly. 512.1.2. Sidewalks - Sidewalks may be required by the Board of Commissioners on one or both sides of the street in areas likely to be subject to heavy pedestrian traffic such as near schools and shopping areas. Such sidewalks shall be constructed to a minimum width of four (4) feet, and shall consist of a minimum thickness of four (4) inches of concrete. All sidewalks shall be placed in the right-of-way, unless the development is platted as a planned unit or group development. Sidewalks shall consist of a minimum of six (6) inches of concrete at driveway crossings. 512.1.3. Street Names - Proposed streets which are obviously in alignment with existing streets shall be given the same name. In assigning new names, duplication of existing names shall be avoided, and in no case shall the proposed name be phonetically similar to existing names in the county irrespective of the use of a suffix such as street, road, drive, place, court, etc. Street names shall be subject to the approval of the Board of Commissioners. 512.1.4. Street Name Signs - The subdivider shall be required to provide and erect street name signs to the town standards at all intersections within the subdivision. 512.1.5. Permits for Connection to State Roads - An approved permit is required for connection to any existing state system road. This permit is required prior to any construction on the street or road. The application is available at the office of the nearest district engineer of the Division of Highways. 512.1.6. Offsets to Utility Poles - Whenever possible, poles for overhead utilities should be located clear of roadway shoulders, preferably a 43 r 0 minimum of at least thirty (30) feet from the edge of pavement on major thoroughfares. On streets with curb and gutter, utility poles should be set back a minimum distance of six (6) feet from the face of curb when possible. 512.1.7. Wheelchair Ramps - In accordance with Chapter 136, Article 2A, Section 136-44.14, all street curbs in North Carolina being constructed or reconstructed for maintenance procedures, traffic operations, repairs, correction of utilities, or altered for any reason after September 1, 1973, shall provide wheelchair ramps for the physically handicapped at all intersections where both curb and gutter and sidewalks are provided, and at other major points of pedestrian flow. 512.1.8. Placement of Monuments - Permenent monuments shall be placed at the point of intersection on the centerlines of intersecting streets and at the point of intersection of the tangents or curves when such point lies completely within the pavement of the proposed street. Otherwise, monuments shall be placed on the centerline at the points of curvature and also at the points of tangency of all curved areas which are to be dedicated for street purposes. Such monuments shall be set nine (9) inches below the finished grade of pavement. A metal casting of approved type shall be mounted over said monument. Permanent monuments shall be either of stone or concrete. They shall be at least thirty (30) inches in length, minimum four (4) inches in diameter, and shall have a metal pin or punchmarked metal plates imbedded therein marking the point represented on the final plat. The location of all monuments shall be shown on the final plat. 512.1.9. Street Lights - All subdivisions shall have street lights installed throughout the subdivision in accordance With the standards of the town as found in the town street lighting policy adopted , and Carolina Power and Light Company. The developer shall be required to pay to the electric company the cost of street lighting installation. The street lighting system shall become the property of the Carolina Power and Light Company. Section 513. Construction Procedures 513.1 Construction Procedures 513.1.1. Commencement - No construction or installation of improvements shall commence in a proposed subdivision until the preliminary plat K has been approved, and all plans and specifications have been approved by the appropriate authorities. 513.1.2. Permits - No building, or other permits, shall be issued for erection of a structure on any lot not of record at the time of adoption of this ordinance until all the requirements of this ordinance have been met. 513.1.3. Access - The Subdivision Administrator 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. 513.1.4. Inspection - The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the Subdivision Administrator to provide for adequate inspection. The approving authorities having full jurisdiction, or their representatives, shall inspect and approve all completed work prior to release of the sureties. 513.1.5. Construction - Construction at any given time shall be confined to the smallest practical area and for the shortest practical period of time. Section 514. Reimbursement of Subdivider by Town for Improvement Costs Over and Above Those Required to Serve A Subdivision. 514.1 The Town of Burgaw may require installation of certain oversized improvements or the extension of utilities to adjacent property when it is in the interest of future development. The town, under conditions specified below, shall reimburse the subdivider for improvement costs incurred over and above those required to serve his immediate subdivision where required by the Board of Commissioners. Such reimbursement shall be made within sixty (60) days following the date of final inspection and acceptance of the improvement by the Board of Commissioners. 514.2 Installations Subiect to Reimbursement 514.2.1. Street paving cost within the corporate limits which are above those requirements provided in Article V, Section 508.13, of these regulations. 514.2.2. The cost of materials for water mains over eight (8) inches in size, including the extra costs of lines over eight (8) inches incurred by the subdivider to reach his subdivision. 45 E E 514.2.3. The costs of materials for gravity sewer lines over eight (8) inches in size, including the extra costs of lines over eight (8) inches incurred by the subdivider to reach his subdivision. 514.3 Procedures for Reimbursement 514.3.1. After plans and specifications for the improvements have been approved by the Board of Commissioners, the subdivider shall advertise for formal sealed bids to be opened publicly at the Town Hall for any improvements in which the town will be requested to participate. After approval by the Board of Commissioners, the contract shall be awarded to the lowest responsible bidder, who shall be required to furnish a performance bond guaranteeing fulfillment of the contract. 514.3.2. Following completion of improvements and acceptance by the Board of Commissioners, the subdivider shall furnish an itemized list of costs to be reimbursed by the town. 46 1 C 7 ARTICLE VI PLANNED RESIDENTIAL DEVELOPMENTS GROUP DEVELOPMENTS Section 601. General The standards and requirements of this ordinance may be modified by the Board of Commissioners in the case of a plan and program for a planned unit development which, in the judgement of the Board of Commissioners, provides adequate public spaces and improvements for circulation, recreation, 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 purposes and requirements of the Zoning Ordinance and the Subdivision Ordinance. Section 602. Exceptions for Planned Developments The purpose of this article is to provide desirable open space in commonly owned areas, tree cover, recreation area, scenic vistas, and variety in development by allowing certain variations in lot sizes and design requirements, and the establishment of townhouses and condominiums. In no case shall the overall density of dwelling units be greater than that permitted by the applicable town zoning requirements. Subject to the approval of the Board of Commissioners, the design standards as set forth in this ordinance, may be modified by the Board of Commissioners in the case of a plan and program for a planned development which may consist of residential or commercial development as allowed by the town zoning ordinance, or any desirable combination of those uses which meet the requirements of the town zoning ordinance. Proposed ownership of planned developments may be by one individual, partnership, corporation, cooperative, condominium, or any desirable combination. A preliminary and final plat of a planned development shall be submitted pursuant to the provisions of this ordinance. Section 603. Common Areas Fifteen (15) percent of the total PUD area shall be maintained as commonly owned open space. Street rights -of -way, parking lots, building areas (as defined) and yards held in individual ownership shall not constitute any part of the required open space; however, building areas for recreational facilities may be computed as open space. Any open space land use not included under approval of the PUD preliminary plan must be reviewed by the Planning Board and approved by the Board of Commissioners prior to its development. In consideration of the purpose served by a planned development, the title to such common areas or property shall be preserved to the perpetual benefit of the private properties in the development and shall be restricted against private ownership for any other purpose. If the corporation desires, improvements may be made within the common areas provided that maximum coverage of such improvement shall not exceed twenty-five (25) percent of the entire common property. The developer shall submit, and after approval by the Board of Commissioners, record a declaration 47 of the covenants and restrictions that will govern the ownership, management and maintenance of the common areas. Section 604. Density Individual lot sizes may be varied, but the overall density of a planned development shall not exceed that permitted by the town zoning requirements. All remaining land not shown as lots shall be designated as common areas. Section 605. North Carolina Unit Ownership Act Before a declaration establishing a condominium or unit ownership development may be recorded, the declaration and plan shall be approved by the Board of Commissioners as part of preliminary and final plat approval. Section 606. Site Plan/Preliminary Map Site plans/preliminary maps for all planned developments shall show the location of the buildings, streets, alleys, walks, parking areas, recreation areas, tree covers and planting. The site plans/preliminary maps shall number and show the dimensions of all building sites and all streets and utility easements to be dedicated to the public. All areas on the site plans/preliminary maps other than public streets, easements or private building sites shall be shown and designated as common areas. The plans shall be consistent with the town zoning ordinance. Section 607. Landscape Plan A landscape plan for all planned development shall show all existing and proposed plant material. The plan shall indicate the size and type of existing plant material and the size and type of plants to be planted. Section 608. Public Access, Easements and Private Party Walls Building lots may abut or be provided with frontage on common areas, properly restricted through a property owners association to assure adequate access, if in the opinion of the town, a public or private street is within an acceptable distance and would allow adequate community services. Easements over the common areas for access, ingress, and egress from and to public streets and walkways and easements for enjoyment of the common areas, as well as for parking, and shall be granted to each owner of a residential site. All common walls between individual residences shall be party walls, and provisions for the maintenance thereof, and restoration in the event of destruction or damage, shall be established. Section 609. Utilities and Improvements Required All planned developments shall include public water and sewer utilities, sidewalks, paved streets and parking areas with curb and gutter, electric and telephone service, landscaping, and any other improvements considered necessary by the Board of Commissioners. W.