Subdivision Regulations-1999

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Division of Coastal Management
TOWN OF HOLLY RIDGE,. -NC
OCTOBER 12, 1999
6.

a
Prepared for: Holly Ridge Town Council
Prepared by: Holly Ridge Planning Board
Assistance Provided by: Community Planning Associates
James Taylor
PMB 21, 7213-A Market Street
Wilmington, NC 28411
[phone]
Division of Coastal Management
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
The preparation of this document was financed in part through a grant,
provided by the North Carolina Coastal Management Program, through funds
provided by the Coastal Zone Management Act of 1972, as amended,
which is administered by the Office of Ocean and Coastal Resource Management,
National Oceanic and Atmospheric Administration.

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Section 8-1.
ARTICLE 8
SUBDIVISION REGULATIONS
Introductory Provisions
A. Title
B. Purpose
C. Authority
D. Jurisdiction
E. Prerequisite to Plat recordation
F. Acceptance of Streets
G. Thoroughfare plans
H. School Sites on Land Use Plans
I. Zoning and Other Plans
J. Planned Unit Development
K. Articles of Agreement
Section 8-2. Legal Provisions
A. General Procedure for Plat Approval
B. Statement by Owner
C. Effect of Plat Approval on Dedications
D. Penalties for Violation
E. Separability
F. Variances
G. Amendments
H. Abrogation
I. Reenactment and Repeal of Existing Subdivision Ordinance
J. Effective Date
K. Administrator
L. Adoption
Section 8-3. Procedure for Review and Approval of Subdivision Plats
A. Plat shall be Required on Any Subdivision of Land
B. Approval Prerequisite to Plat Recordation
C. Procedures for Review of Major and Minor Subdivisions
D. Procedure for Review of Minor Subdivisions
E. Sketch Plan for Major Subdivisions
F. Preliminary Plat Submission and Review
G. Final Plat Submission and Review
H. Information to be Contained in or Depicted on Preliminary
and Final Plats
I. Recombination of Land
J. Re -subdivision Procedures
K. Planned Unit Developments
L. Homeowner's Association and Common Area

Section 8-4. Required Improvements, Minimum Standards of Design
A.
General
B.
Suitability of Land
C.
Name Duplication
D.
Subdivision Design
E.
Streets
F.
Utilities
G.
Open Space
H.
Buffering
I.
Other Requirements
Section 8-5. Planned Unit Development
A. Introduction
B. Purposes and Objectives of Development
C. Conformity With Land Use Plan Required
D. Subdivision and Zoning Regulations Applicable
E. Subdivision Provisions Modification Authorized
F. Compatibility of Land Use Elements
G. Conditions for Approval
H. Site Plan Criteria, General Requirements
I. Off-street Parking
J. Minimum Land Area
K. Lot Area and Coverage, Setbacks and Clustering
L. Residential Density
M. Permitted Uses
N. Open Space
O. Application for PUD Review
P. Subdivision Plat Required
Q. Public Hearings
R. Development Schedule
S. Fee Schedule for Applications
T. Plan Enforcement and Modifications
U. Procedure for Review of PUDs
Section 8-6. Definitions
A. Subdivision Defined
B. Other Definitions
C. Word Interpretation
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Appendix
A. Articles of Agreement

ARTICLE 8
SUBDIVISION REGULATIONS
Section 8-1. Introductory Provisions
A. Title
This ordinance shall be known and may be cited as the Subdivision
Regulations of the Town of Holly Ridge, North Carolina, and may be referred
to as the Subdivision Regulations.
B. 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 Holly Ridge. 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 recreation areas serving residents of the immediate
neighborhood within the subdivision; and rights -of -way or easements for street
and utility purposes; and for the distribution of population and traffic in a
manner that will avoid congestion and overcrowding and will create conditions
essential to public health, safety, and the general welfare. 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.
C. Authority
This ordinance is hereby adopted under the authority and provisions of
the General Statutes of North Carolina, Chapter 160A, Article 19, Part 2.
D. Jurisdiction
The regulations contained herein, as provided in GS 160A, Article 19
shall govern each and every subdivision within the Town of Holly Ridge and
its extraterritorial jurisdiction as shown on the official extraterritorial
boundary map.
E. 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 Holly
Ridge Planning Board or the Town Council on the recommendation of the Planning
Board.

F. 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 Town
of Holly Ridge.
G. Thoroughfare Plans
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, 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.
H. School Sites on Land Use Plans
If the Holly Ridge Town Council and Onslow County Board of Education
have jointly determined the specific location and size of any school sites to
be reserved and this information appears in the comprehensive land use plan,
the Holly Ridge Planning Board shall immediately notify the Board of Education
whenever a sketch plan for a subdivision is submitted which includes all or
part of a school site to be reserved. The Board of Education shall promptly
decide whether it still wishes the site to be reserved. If the Board of
Education does not wish to reserve the site, it shall so notify the Holly
Ridge Planning Board. If the Board does wish to reserve the site, the
subdivision shall not be approved without such reservation. The Board of
Education shall then have eighteen (18) months beginning on the date of final
approval of the subdivision within which to acquire the site by purchase or by
exercise of the power of eminent domain. If the Board of Education has not
purchased or begun proceedings to condemn the site within eighteen (18)
months, the subdivider may treat the land as freed of the reservation.
I. 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 or ordinances.
J. Planned Unit Development
An application for a planned unit development(PUD) or planned
residential development (PRD) shall conform to the requirements of Section 8-5
of this ordinance and the zoning ordinance, Section 17.
K. Articles of Agreement
An articles of agreement (Appendix A) document shall be approved prior
to the recording of any final plat.
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Section 8-2. Legal Provisions
1. 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 Council or Planning Board as set forth
in Section 8-1, Item E. of this ordinance, and until this approval is entered
in writing on the face of the plat by the Mayor of Holly Ridge or the Town
Council and attested by the Town Clerk.
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.
2. 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 city.
3. Effect of Plat Approval on Dedications
Pursuant to GS 160A-3751 the approval of a plat shall not be deemed to
constitute or affect 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 Holly Ridge Town Council 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 any civil action or proceeding for failure to open,
repair or maintain any street located outside its corporate limits.
4. Penalties for Violation
4.1 After the effective date of this ordinance, any person, who being
the owner or agent of the owner of any land located within the territorial
jurisdiction of this ordinance thereafter subdivides his land in violation
of this ordinance or transfers or sells land by reference to, exhibition of,
or any other use of a plat showing a subdivision of the land before the plat
has been properly approved under the terms of this ordinance and recorded in
the Office of the Onslow 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 Town Council may enjoin
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-, 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 GS 14-4.
4.2. The violation of any provision of this ordinance shall subject the
offender to a civil penalty up to a maximum of $500.00 to be recovered by the
Town. Violators shall be issued a written citation which must be paid within
ten (10) days.
4.3. Each day's continuing violation of this ordinance shall be a
separate and distinct offense.
4.4. Notwithstanding Subsection 4.2 above, this ordinance may be
enforced by appropriate equitable remedies issuing from a court of competent
jurisdiction.
4.5. 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 any one, all, or a combination of remedies.
5. Separability
Should any section or provision of this ordinance be decided by a court
of competent jurisdiction to be unconstitutional or invalid, such decision
shall not affect the validity of the ordinance as a whole or any part
thereof other than the part so declared to be unconstitutional or invalid.
6. Variances
Where, because of severe topographical or other conditions peculiar to
the site, strict adherence to the provisions of this ordinance would cause
an unnecessary hardship, the Town Council, upon the recommendations of the
Planning Board, may authorize a variance to the terms of this ordinance only
to the extent that it is absolutely necessary and not to an extent which would
violate the intent of this ordinance. In granting any variance, the Town
Council 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 effect
of the proposed subdivision upon traffic conditions in the vicinity. No
variance shall be granted unless the Town Council finds:
A. That there are special circumstances or conditions affecting said
property such that the strict application of the provisions of this ordinance •
would deprive the applicant of the reasonable use of land; and
B. That the variance is necessary for the preservation and enjoyment ~
of a substantial property right of the petitioner; and
C. That the circumstances giving rise to the need for the variance
are peculiar to the parcel and are not generally characteristic of other
parcels in the jurisdiction of this ordinance; and
D. That the granting of the variance will not be detrimental to the
public health, safety and welfare or injurious to other property in the
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territory in which said property is situated.
7. Amendments
The Holly Ridge Town Council may from time -to -time amend the terms of
this Ordinance (but no amendment shall become effective unless it shall have
been proposed by or shall have been submitted to the Planning Board for
review and recommendation. The Planning Board shall have thirty (30) days
from the time the proposed amendment is submitted to it within which to
submit its report. If the Planning Board fails to submit a report within the
specified time, it shall be deemed to have recommended approval of the
amendment. No amendment shall be adopted by the Town Council until they have
held a public hearing on the amendment. Notice of the hearing shall be
published in a newspaper of general circulation in the Holly Ridge area at
least once a week for two (2) successive calendar weeks prior to the hearing
the initial notice shall appear not more than twenty-five (25) nor less than
ten (10) days prior to the hearing date. In computing the ten (10) - twenty-
five (25) day period, the date of publication is not to be counted, but the
date of the hearing is.
8. 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.
9. Reenactment and Repeal of Existing Subdivision Ordinance
This ordinance in part carries forward by reenactment some of the
provisions of the subdivision ordinance of the Town of Holly Ridge, adopted on
May 5, 1987 and subsequently amended May 10, 1994, and it is not the intention
to repeal but rather to reenact 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 reenacted herein are hereby repealed. All suits at law or in equity and/or
all prosecutions resulting from the violation of any subdivision ordinance
heretofore in effect, which are now pending in any of the courts of this state
or of the United States, shall 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.
10. Effective Date
This ordinance shall take effect and be in force from and after October
12, 1999.
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11. Administrator
The holder of the Office of Town Manager is hereby appointed to serve as
subdivision Administrator.
12. Adoption
Duly adopted by the Town Council of the Town of Holly Ridge, North
Carolina, this the 12`h day of October 1999.
Clerk
6
Mayor

Section 8-3. Procedure for Review and Approval of Subdivision Plats
1. Plat Shall be Required on Any Subdivision of Land
Pursuant to GS 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. This shall include townhouses, condominiums,
planned unit development and nonresidential subdivisions.
The number of copies of a plat required to be submitted is established
elsewhere in this ordinance. Two (2) copies of all accompanying materials
including utility drawings, drainage plans and the like, where required, shall
be submitted with all sketch plans, preliminary plats and final plats.
2. Approval Prerequisite to Plat Recordation
Pursuant to GS 160A-373, no final plat of a subdivision within the
jurisdiction of the Town of Holly Ridge as established in Section 8-1, Item D
of this ordinance shall be recorded by the Register of Deeds of Onslow
County until it has been approved by the Holly Ridge Town Council as provided
herein. To secure such approval of a final plat, the subdivider shall follow
the procedures established in this ordinance.
3. Procedures for Review of Major and Minor Subdivisions
This ordinance applies to all divisions of a tract or parcel of land
defined to be a "subdivision" under Section 8-5, Subsection 1. The exceptions
listed under Section 8-5, Subsection 1 should be noted. All subdivisions shall
be considered major subdivisions except those defined as minor subdivisions in
this Section. Major subdivisions shall be reviewed in accordance with the
procedures in Items 5 through 7. Minor subdivisions shall be reviewed in
accordance with the provisions in Item 4.
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 abbreviated procedure.
Furthermore, the abbreviated 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.
r A minor subdivision is defined as one involving no new public or
private streets or roads, or right-of-way dedication, no easements, no
utility extension, where the entire tract to be subdivided is between five (5)
acres and two (2) acres in size, and where four (4) or fewer lots result after
the subdivision is completed.
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4. Procedure for Review of Minor Subdivisions
4.1. Sketch Plan for Minor Subdivisions
Prior to submission of a final plat, the subdivider shall submit to the
Subdivision Administrator six (6) copies of a sketch plat of the proposed
subdivision containing the following information:
a. A sketch vicinity map showing the location of the subdivision in
relation to neighboring tracts, subdivisions, roads, and
waterways;
b. The boundaries of the tract and the portion of the tract to be
subdivided;
C. The total acreage to be subdivided;
d. The existing and proposed uses of the land within the subdivision
and the existing uses of land adjoining it;
e. The existing street layout and right-of-way width, lot layout and
size of lots;
f. The name, address and telephone number of the owner;
g. The name, if any, of the proposed subdivision;
h. Streets and lots of adjacent developed or platted properties;
i. The zoning class ification.of the tract and of adjacent properties;
j. A statement from the Onslow County Health Department that a copy
of the sketch plans has been submitted to them, if septic tanks or
other onsite water or wastewater systems are to be used in the
subdivision.
The sketch plan shall be submitted to the Subdivision Administrator at
least fifteen (15) days prior to the Planning Board meeting at which it will
be reviewed. The Planning Board shall review the sketch plan for general
compliance with the requirements of this ordinance and the zoning ordinance;
the Planning Board shall advise the subdivider or his authorized agent of the
regulations pertaining to the proposed subdivision and the procedures to be
followed in the preparation and submission of the final plat.
One (1) copy of the sketch plan shall be retained as a part of the
minutes of the Planning Board, and one (1) copy shall be returned to the
subdivider or his authorized agent. The Planning Board shall transmit a third
copy of the sketch plan to the Holly Ridge Town Council through the
administrator of this Ordinance.
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4.2. Final Plat for Minor Subdivisions
Upon approval of the sketch plan by the Planning Board the subdivider
may proceed with the preparation of the final plat in accordance with the
requirements of this ordinance. The subdivider shall submit the final plat so
marked, to the Subdivision Administrator not less than fifteen (15) days prior
to the Planning Board meeting at which it will be reviewed.
The final plat shall be prepared by a Professional Land Surveyor
currently licensed and registered in the State of North Carolina by the North
Carolina Board of Examiners For Engineers and Surveyors. The final plat shall
conform to the provisions for plats, subdivisions, and mapping requirements
set forth in GS 47-30 and the Standards of Practice for Land Surveying in
r North Carolina.
Seven copies of the final plat shall be submitted, two (2) of these
shall be on reproducible material; five (5) 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 Onslow County Register of Deeds.
The final plat shall be of a size suitable for recording with the
Onslow County Register of Deeds and shall be at a scale 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 as
established by the Holly Ridge Town Council.
The final plat shall meet the specification in Item H, of Section 8-3.
The following signed certificate shall appear on all first page copies
of the final plat.
(a) 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 Holly Ridge and that I hereby adopt this plan of
subdivision with my free consent and establish minimum building
setback lines as noted.
Owner
9
Date

(b) Certificate of Survey and Accuracy
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 clearly indicated as drawn from information found in Book
............I page ......; that the ratio of precision as calculated is
1:..... ; that this plat was prepared in accordance with GS 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.........
dayof ............ 19.....
Seal or Stamp
Notary Public
MyCommission expires ..................................."
(c) County Review Officer
N. C G. S. 47-30.2 requires that a county appointed review officer
certify that each map or plat presented to the register of deeds for
recording, complies with all statutory requirements for such recording. The
following certification form shall appear on each map or plat: •
State of North Carolina
County of Onslow
I . .................... Review Officer of Onslow County, certify
that the map or plat to which this certification is affixed meets
all statutory requirements for recording.
..........................
Review Officer
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(d) 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 Holly
Ridge, North Carolina and that this plat has been approved by the Holly
Ridge Planning Board for recording in the Office of the Register of
Deeds of Onslow County.
Chairman
Date
(e) Health Department Statement
If the lots in the proposed subdivision are not to be served with
municipal sewer service, prior to final design review by the Planning Board, a
site/soil evaluation shall be made by the Onslow County Environmental Health
Section on each lot depicted on the subdivision plat. A copy of each permit
issued by an authorized representative of the Onslow County Health Department,
Environmental Health Section for on site sewage disposal systems for each
approved lot shall be transmitted to the Subdivision Administrator at the time
of final plat submittal.
No lot shall be depicted or platted for residential use, unless a
permit so authorizing the installation of an on site sewage disposal system
has been issued.
The Planning Board shall review the final plat at or before its next
regularly scheduled meeting which follows at least fifteen (15) days after the
Subdivision Administrator receives the final plat and shall approve,
conditionally approve with modifications to bring the plat into compliance, or
disapprove the final plat with reasons, within seventy-five (75) days of its
first consideration for the plat.
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 Council). If substantial errors are found, the costs shall be
charged to the subdivider and the plat shall not be approved until such errors
have been corrected.
If the planning board approves the final plat one (1) reproducible copy
and one (1) print of the plat shall be retained by the subdivider. One (1)
reproducible copy and one (1) print shall be filed with the Town Clerk, and
one (1) print shall be retained by the Planning Board for its records.
If the Planning Board conditionally approves 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, and transmit (1) print of
the plat and its written recommendations to the Town Council through the
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Subdivision Administrator.
If the Planning Board disapproves the final plat, it shall instruct the
subdivider concerning re -submission of a revised plat and the subdivider may
make such changes as will bring the plat in compliance with the provisions of
this ordinance and resubmit same for reconsideration by the Planning Board, or
appeal the decision to the Town Council.
Failure of the Planning Board to take action within seventy-five (75)
days after its first review shall constitute grounds for the subdivider to
apply to the Town Council for approval.
If the Planning Board disapproves or conditionally approves with
modifications to bring the plat into compliance, or the subdivider appeals to
the Town Council, the Town Council shall review and approve or disapprove the
final plat within sixty-five (65) days after the plat and recommendations of
the Planning Board have been received by the Subdivision Administrator.
If the Town Council approves the final plat, such approval shall be
shown on each copy of the plat by signature of the Mayor.
If the final plat is disapproved by the Town Council 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) print of the plat shall be retained by the Town Council 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 consideration by the Planning Board and
the Town Council.
If the final plat is approved by the Town Council, one (1) reproducible
copy and one (1) print of the plat shall be retained by the subdivider. One
(1) reproducible copy 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 Onslow County within ninety (90) days of the Planning Board or Town
Council approval and submit evidence thereof to the Town Clerk; otherwise such
approval shall be null and void.
5. Sketch Plan for Major Subdivisions
5.1. Number of Copies and Contents
Prior to the preliminary plat submission, the subdivider shall submit
to the Planning Board six (6) copies of a sketch plat of the proposed
subdivision.
(a) A sketch vicinity map showing the location of the subdivision in
relation to neighboring tracts, subdivisions, roads, and
waterways;
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(b) The boundaries of the tract and the portion of the tract to be
subdivided;
(c) The total acreage to be subdivided;
(d) The existing and proposed uses of the land within the subdivision
and the existing uses of land adjoining it;
(e) The proposed street layout with approximate pavement and
right-of-way width, lot layout and size of lots;
(f) The name, address, and telephone number of the owner;
(g) The name, if any, of the proposed subdivision;
(h) Streets and lots of adjacent developed or platted properties;
(i) The zoning classification of the tract and of adjacent properties;
(j) A statement from the Onslow county Health Department that a copy
of the sketch plan has been submitted to them, if septic tanks or
other onsite water or wastewater systems are to be used in the
subdivision.
(k) Areas of environmental concern.
5.2. Submission and Review Procedure
The sketch plan shall be submitted at least fifteen (15) days prior to
the Planning Board Meeting at which it will be reviewed. The Planning Board
shall review the sketch plan for general compliance with the requirements of
this ordinance and the zoning ordinance; the Planning Board shall advise the
subdivider or his authorized agent of the regulations pertaining to the
proposed subdivision and the procedures to be followed in the preparation
and submission of the preliminary and final plats.
One (1) copy of the sketch plan shall be retained as part of the minutes
of the Planning Board and one (1) copy shall be returned to the subdivider or
his authorized agent.
6. Preliminary Plat Submission and Review
6.1. Preliminary Plat Submission Procedure
For every subdivision within the territorial jurisdiction established
by Section 8-1, Subsection D of this ordinance, which does not qualify for the
abbreviated procedure, the subdivider shall submit a preliminary plat which
shall be approved by the Planning Board before any construction or
installation of improvements may begin.
Ten (10) copies of the preliminary plat shall be submitted to the
administrator of this ordinance at least fifteen (15) days prior to the
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Planning Board meeting at which the subdivider desires the Planning Board to
review the preliminary plat.
Preliminary plats shall meet the specifications in Section 8-3,
Subsection S.
6.2. Review by Other Agencies
Concurrent with submission of the preliminary plat to the Subdivision
Administrator, the subdivider shall submit copies of the preliminary plat
and any accompanying material to other offices and agencies concerned with
new development to invite their comments, copies of which shall be submitted
to the town. The Subdivision Administrator will advise the subdivider
concerning which agencies are applicable for a given plat. These may include
but shall not be limited to:
a. Onslow County Board of Education
b. Onslow County Tax Office
C. Jones-Onslow REA/Carolina Power and Light
d. Onslow County EMS
e. NC Department of Transportation,
f. NC Department of Environment and Natural Resources
g. US Army Corps of Engineers
h. Sprint (telephone company)
i. Other agencies or individuals as deemed necessary by the
Subdivision Administrator.
6.3. Technical Review Committee
The Subdivision Administrator shall submit all subdivision plats
received to the technical review committee for review and comment. Said
committee shall be charged with evaluating the technical aspect of subdivision
design and the general adequacy of subdivision and development proposals
presented to the Town of Holly Ridge.
The technical review committee shall consist of a standing committee as
follows:
a.
The Subdivision Administrator (chairman)
b.
a representative
of
the town utilities department
C.
a representative
of
the volunteer fire department
d.
other members to
be
designated as needed
e.
a representative
of
the planning board
The technical review committee shall review each and every subdivision
plat submitted and shall make a written and oral presentation to the Planning
Board at or before its next regularly scheduled meeting which follows at least
fifteen (15) days after the Subdivision Administrator receives the preliminary
plat. The chairman of the technical review committee shall act as staff to
the Planning Board in its review process.
14

6.4. Review Procedure
The Planning Board shall review the preliminary plat at or before its
next regularly scheduled meeting which follows at least fifteen (15) days
after the Subdivision Administrator receives the preliminary plat and the
comments from the appropriate agencies.
The Planning Board shall, in writing, approve, conditionally approve
with recommended changes to bring the plat into compliance, or disapprove with
reasons within seventy-five (75) days of its first consideration of the plat.
If the Planning Board approves the preliminary plat, one (1) print of
the plat shall be retained by the subdivider. One (1) reproducible copy and
one (1) print shall be filed with the Town Clerk, one (1) print shall be
transmitted to the Town Council, and one (1) print shall be retained by the
Planning Board for its records.
If the Planning Board conditionally approves the preliminary plat it
shall keep one (1) copy of the plat for its minutes, transmit two (2) copies
of the plat to the Town Council, and return one (1) copy of the plat and its
recommendation to the subdivider.
If the Planning Board disapproves the preliminary plat, it shall retain
one (1) copy of the plat for its minutes, transmit one (1) copy of the plat
and its recommendations to the Town Council, and return one (1) copy of the
plat and its recommendations 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 Town Council.
If the Planning Board does not make a written recommendation within
seventy-five (75) days after its first consideration of the plat, the
subdivider may apply to the Town Council for approval or disapproval.
If the Town Council 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 Council and one (1) copy shall be returned to the
subdivider.
If the Town Council 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 Council and one (1) copy of the preliminary plat along
with the conditions shall be returned to the subdivider.
If the Town Council 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 Council and (1) copy shall be
returned to the subdivider. The subdivider may make the recommended changes
and submit a revised preliminary plat to the Town Council.
15

7. Final Plat Submission and Review
7.1. Preparation of Final Plat and Installation of Improvements
Upon approval of the preliminary plat by the Planning Board or Town
Council 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 Town Council unless accompanied by written notice by the
Subdivision Administrator acknowledging compliance with the improvement and
guarantee standards of this ordinance. The final plat shall constitute only
that portion of the preliminary plat which the subdivider proposes to record
and develop at that time; such portion shall conform to all requirements of
this ordinance.
7.2. Improvements Guarantees
(a) Agreement and Security Required
In lieu of requiring the completion, installation and dedication of all
improvements prior to final plat approval the Town of Holly Ridge 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 herein is provided, the final plat may be approved by
the Town Council, if all other requirements of this ordinance are met. To
secure this agreement, the subdivider shall provide, subject to the approval
of the Town Council either one, or a combination of the following guarantees
not exceeding 1.25 times the entire cost as provided herein:
(1) Surety Performance Bond(s)
The subdivider shall obtain a performance bond(s) from a surety
bonding company authorized to do business in North Carolina. The
bonds shall be payable to the Town of Holly Ridge and shall be in
an amount equal to 1.25 times the entire cost, as estimated by the
subdivider, supported by independent appraisal, and approved by
the Town Council, of installing all required improvements. The
duration of the bond(s) shall be until such time as the
improvements are accepted by the Town Council.
(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 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
Town Council. The amount of deposit shall be equal to 1.25 times
the cost, as estimated by the subdivider, supported by independent
16

appraisal, and approved by the Town Council, 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 Town Council an agreement between the financial
institution and himself guaranteeing the following:
(i) That said escrow account shall be held in trust
until released by the Town Council and may not be used
or pledged by the subdivider in any other matter
during the term of the escrow; and
(ii) 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
Town Council and submission by the Town Council 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.
(b) Default
Upon default, meaning failure on the part of the subdivider 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 Town Council pay all or
any portion of the bond or escrow fund to the Town of Holly Ridge up to the
amount needed to complete the improvements based on an engineering estimate.
Upon payment, the Town Council, 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.
(c) Release of Guarantee Security
The Town Council may release a portion of any security posted as the
improvements are completed and recommended for approval by the Subdivision
Administrator. Within forty-five (45) days after receiving the Subdivision
Administrator's recommendation, the Town Council shall approve said
improvements. If the Town Council approves said improvements, then it shall
immediately release any security posted.
7.3 Defects Guarantee
The developer shall present written evidence satisfactory to the
Subdivision Administrator that the developer guarantees all improvements for a
17

period of eighteen (18) months from the date of acceptance of construction
and/or installation.
7.4 Submission Procedure
The subdivider shall submit the final plat, —so marked to the
Subdivision Administrator not less than fifteen (15) days prior to the
Planning Board's meeting at which it will be reviewed; further, the final plat
for the first stage of the subdivision shall be submitted not more than
twelve (12) months after the date on which the preliminary plat was approved;
otherwise such approval shall be null and void, unless a written extension of _
this limit is granted by the Town Council on or before the twelve (12) month
anniversary of the approval.
The final plat shall be prepared by a Professional Land Surveyor
currently licensed and registered in the State of North Carolina by the North
Carolina Board of Examiners for Engineers and Surveyors. The final plat shall
conform to the provisions for plats, subdivisions, and mapping requirements
set forth in GS 47-30 and the Standards of Practice for Land Surveying in
North Carolina.
Seven (7) copies of the final plat shall be submitted; two (2) of these
shall be on reproducible material; five (5) 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 Onslow County Register of Deeds.
The final plat shall be of a size suitable for recording with the
Onslow 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
(1) sheet with appropriate match lines.
Submission of the final plat shall be accompanied by a filing fee as
established by the Holly Ridge Town Council.
The final plat shall meet the specifications in Section 8 of this
ordinance. The following signed certificates shall appear on all seven (7)
copies of the final plat:
(a) 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 Holly Ridge 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 Holly Ridge.
Date Owner(s)
18

(b) Certificate of Survey and Accuracy
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 clearly indicated as
drawn from information found in Book ............. page ......;
that the ratio of precision as calculated is 1:..... ; that this
plat was prepared in accordance with GS 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 or Stamp
Notary Public
MyCommission expires ..................................."
(c) County Review Officer
N. C G. S. 47-30.2 requires that a county appointed review officer
certify that each map or plat presented to the register of deeds
for recording, complies with all statutory requirements for such
recording. The following certification form shall appear on each
map or plat:
State of North Carolina
County of Onslow
I, .................... Review Officer of Onslow County,
certify that the map or plat to which this certification is
affixed meets all statutory requirements for recording.
..........................
Review Officer
19

(d) Town Council 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
Holly Ridge, North Carolina and that this plat has been approved
by the Holly Ridge Town Council for recording in the Office of the
Register of Deeds of Onslow County.
.................................
Mayor
.................................
Date
(e) Health Department Statement
If the lots in the proposed subdivision are not to be served with
municipal sewer service, prior to final design review by the Planning Board, a
site/soil evaluation shall be made by the Onslow County Environmental Health
Section on each lot depicted on the subdivision plat. A copy of each permit
issued by an authorized representative of the Onslow County Health Department,
Environmental Health Section for on site sewage disposal systems for each
approved lot shall be transmitted to the Subdivision Administrator at the time
of final plat submittal.
No lot shall be depicted or platted for residential use, unless a permit
so authorizing the installation of an on site sewage disposal system has been
issued.
(f) Certificate of Improvements Installation/Guarantee
I hereby certify that all improvements have either been installed
or guaranteed by an approved security for the ...................
Subdivision and that the filing fee for this plat has been paid.
Date
Owner/Authorized Agent
The Planning Board shall review the final plat at or before its next
regularly scheduled meeting which follows at least fifteen (15) 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 seventy-five
(75) days of its first consideration of the plat.
During its review of the final plat the Planning Board may appoint an
appropriate consultant(s) to confirm the accuracy of the final plat (if agreed
to by the Town Council). If substantial errors are found, the costs shall be
charged to the subdivider and the plat shall not be recommended for approval
Kul

until such errors have been corrected.
If the Planning Board recommends approval of the final plat it shall
transmit all copies of the plat and its written recommendations to the Town
Council 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 recommendations
and two (2) reproducible copies of the plat to the subdivider, and transmit
one (1) print of the plat and its written recommendation to the Town Council
through the Subdivision Administrator.
If the Planning Board recommends disapproval of the final plat, it
shall instruct the subdivider concerning re -submission 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 Town Council.
Failure of the Planning Board to make a written recommendation within
seventy-five (75) days shall constitute grounds for a subdivider to apply to
the Town Council 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 Town Council, the Town Council shall review and approve or disapprove
the final plat within sixty-five (65) days after the plat and recommendations
of the Planning Board have been received by the Subdivision Administrator.
If the Town Council approves the final plat, such approval shall be
shown on each copy of the plat by signature of the Mayor.
If the final plat is disapproved by the Town Council, 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) print of the plat shall be retained by the Town Council 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 the Town Council.
If the final plat is approved by the Town Council, one (1) reproducible
copy 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 Onslow County within ninety (90) days of the Town Council approval
and submit evidence thereof to the Town Clerk; otherwise such approval shall
be null and void.
21

8. Information to be Contained in or Depicted on
Preliminary and Final Plats
The preliminary and final plats shall depict or.contain the information
indicated in the following table. An x indicates that the information is
required.
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 figures
x x
_A bar graph
x x
_Name, address, registration number and seal of
the Professional Land Surveyor
x x
The name of the subdivider
x x
A sketch vicinity map showing the relationship between
x x
the proposed subdivision and surrounding area
Corporate limits, township boundaries, county lines
if on subdivision tract
x x
The names, address & telephone numbers of all
owners, mortgages, professional land surveyors, land
planners, architects, landscape architects, and
professional engineers responsible for the subdivision
x x
The registration numbers and seals of the professional
engineers and/or proper identification of the
professional land surveyor
x x
Date of plat preparation
x x
North Arrow and orientation
x x
The boundaries of the tract or portion thereof to be
subdivided, distinctly and accurately represented with
all bearings and distances shown
x x
The exact boundary lines of the tract to be subdivided,
fully dimensioned by lengths and bearings and the
location of existing boundary lines of adjoining lands
x
The names of owners of adjoining properties
x x
22

INFORMATION
PRELIMINARY
FINAL
PLAT
PLAT
The names of any adjoining subdivisions of record or
x
x
proposed and under review
Minimum building setback lines
x
x
The zoning classifications of the tract to be
subdivided and adjoining properties if applicable
x
x
Existing property lines on the tract to be subdivided
& on adjoining properties
x
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
x
The lots numbered consecutively throughout
the subdivision
x
x
Wooded areas, marshes, swamps, rock outcrops ponds
or lakes, streams or streambeds, and any other natural
features affecting the site
x
x
The exact location of the flood hazard, flood way and
flood way fringe areas from the community's FHBM or
other FEMA maps if applicable
x
x
Base flood elevations
x
x
404 Wetland boundaries
x
x
The following data concerning streets
streets
x
x
_Proposed
and platted streets on adjoining
_Existing
properties and in the proposed subdivision
x
x
location & dimension
x
x(1)
—Rights-of-way,
widths
x
x(1)
_Pavement
grades
x
_Approximate
engineering data for all corners
_Design
and curves
x
x(1)
street cross sections
x
_Typical
names
x
x
_Street
maintenance agreement in accordance
_Street
with Article 8-4, Section 5.1 of this ordinance
x
23

INFORMATION PRELIMINARY FINAL
PLAT PLAT
If any street is proposed to intersect with a
state maintained road, the subdivider shall
apply for driveway approval as required by North
Carolina Department of Transportation, Division
of Highways' Manual on Driveway Regulations x
_Evidence that the subdivider has obtained such
approval (DOT) x
The Location and Dimensions of all:
and other easements
x
x
_Utility
_Riding Trails
x
x
Buffers
x
x
_Natural
or bicycle paths
x
x
_Pedestrian
& Recreation areas with specific type
_Parks
indicated
x
x
sites
x
x
_School
to be dedicated to or reserved for public
_Areas
use
x
x
to be used for purposes other than
_Areas
residential with the purpose of each stated
x
x
future ownership (dedication or reservation
_The
for 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
x
x
The plans for utility layouts including:
Sewers
x
x(1)
_Sanitary
drainage systems
x
x(1)
_Storm
drainage facilities if any
x
x(1)
_Other
distribution lines
x
x(1)
_Water
gas lines
x
x(1)
_Natural
and/or cable TV lines
x
x(1)
_Telephone
Electric lines
x
x(1)
of connections to existing systems,
_Illustration
showing line sizes, the location of fire
hydrants, blowoffs, manholes, force mains and
gate valves
x
_Plans for individual water supply and sewage
disposal, if any
x
_Profiles based upon mean sea level datum for
sanitary sewers and storm drainage systems
x
24

INFORMATION
PRELIMINARY FINAL
PLAT PLAT
Site calculations including:
in total tract to be subdivided
x x
_acreage
_acreage in parks and recreation areas and other
nonresidential uses
x x
number of parcels created
x x
_total
_acreage in the smallest lot in the subdivision
x x
_ feet in streets
x
_linear
name and location of any property or
_The
buildings within the proposed subdivision or
_ within any contiguous property that is located
on the US Department of Interior's National
Register of Historic Places
x x
-Sufficient engineering data to determine readily
and 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 -hundredth of a foot and all angles to the
nearest minute
x
accurate locations and descriptions of all
_The
monuments, markers and control points
A copy of any proposed deed restrictions or
similar covenants.
x
A copy of the erosion control plan submitted to
the appropriate authority, and evidence of
approval
x
_Topographic map with contour intervals of no
greater than 2 feet at a scale of no less than
1:24000
x
All certifications required in Article 8-3,
Section 7
x
_Any other information considered by either.the
subdivider, the Planning Board or the Town
Council to be pertinent to the review of the
plat
x x
NOTE: (1) _ Required on final plat only for minor subdivisions
25

9. Recombination of Land
9.1. Any plat or any part of any plat may be vacated 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.
9.2. 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.
9.3. 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.
9.4. When lots have been sold, the plat may be vacated in the manner
provided in Article 8-3, Sections 9.1 through 9.3 by all owners of the lots
in such plat adjoining in the execution of such writing.
10. Re -subdivision Procedures
For any re -platting or re -subdivision of land, the same procedures,
rules and regulations shall apply as prescribed herein for an original
subdivision except that lot sizes may be varied on an approved plat after
recording, provided that:
A. No lot or tract of land shall be created or sold that is smaller
than the size shown on the approved plat;
B. Drainage, easements, or rights -of -way shall not be changed;
C. Street alignment and construction standards, including block
sizes, shall not be changed;
D. The rear portion of lots shall not be subdivided from the front
part; and
E. The specific residential character of the area shall be
maintained.
11. Planned Unit Developments
Planned unit developments shall follow the same procedure for review
and approval as subdivision plats. The design requirements for planned unit
developments are included in the Holly Ridge Zoning Ordinance. In addition to
the requirements in the zoning ordinance, the requirements of this ordinance
shall be followed, and where conflict between the two occur, the decision of
the Town Council shall be final.
26

12. Homeowner's Association and Common Area
A homeowner's association shall be established for each subdivision
containing streets and/or common areas not maintained by the state, the
county, or the town. Once the subdivision is recorded, the subdivider must
provide the book and page number (if previously recorded) or where the
covenants are recorded. The covenants, conditions and restrictions shall
specify lot owner's responsibilities for maintenance of such facilities, and
shall provide for assessments to finance all maintenance activities. Final
plats for such subdivisions will not be approved until the homeowner's
association documents have been submitted and approved.
All areas on the site plan, other than building sites and public rights -
of -way, shall be shown and designated and common areas, the fee simple title
to which shall be conveyed by the developer to the homeowner's association.
All common areas shall be designated as a single parcel regardless of the
proximity of each common area to one(1) or all of the other common areas, and
such areas shall not be subdivided or conveyed by the homeowner's association.
This shall be so stated in the covenants and restrictions, and shall be noted
on the final plat.
27

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28

Section 8-4. Required Improvements, Minimum Standards of Design
1. General
Each subdivision shall contain the improvements specified in this
Section, 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 section. Each subdivision shall
adhere to the minimum standards of design established by this section.
2. Suitability of Land
2.1 Land which has been determined by the Town. Council 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.
2.2 Areas that have been used for disposal for solid waste shall not
be subdivided unless tests by the Solid and Hazardous Waste Management
Branch of the North Carolina Department of Human Resources, a structural
engineer and a soils expert determine that the land is suitable for the
purpose proposed.
2.3 All subdivision proposals shall be consistent with the need to
minimize flood damage and shall conform with the Holly Ridge and/or Onslow
County Flood Damage Prevention Ordinance.
2.4 All lots, structures and utilities shall comply with any applicable
areas of environmental concern (AEC) standards, as amended, in accordance with
the state guidelines for AECs (15 NCAC 7H) pursuant to the Coastal Area
Management Act of 1974.
2.5 Applicants for subdivisions adjoining public trust waters and other
publicly owned water bodies are to provide for public access to the water.
2.6 Minimum residential lot size and setback requirements shall be as
specified in the zoning ordinance except that lots with public water and no
public sewer shall not be less than 15,000 square feet and lots with no public
water or public sewer shall not be less than 20,000 square feet.
3. Name Duplication
The name of the subdivision shall not duplicate nor closely approximate
the name of an existing subdivision within Onslow County.
4. Subdivision Design
4.1 Blocks
a. I The lengths, widths, and shapes of blocks shall be
29

determined with due regard to: provision of adequate building sites suitable
to the special needs of the type of use contemplated; zoning requirements;
needs for vehicular and pedestrian circulation; control and safety of street
traffic; limitations and opportunities of topography; and convenient access to
water areas.
b. Blocks shall not be less than four hundred (400) feet or
more than thirteen hundred twenty (1320) feet.
C. 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,
in nonresidential subdivisions, or where abutting a water area.
d. Where deemed necessary by the Town Council, a pedestrian
crosswalk at least fifteen (15) feet in width may be required to provide
convenient public access to a public area such as a park or school, to a water
area, or to areas such as shopping centers, religious or transportation
facilities.
e. Block numbers shall conform to the Town street numbering
system, if applicable.
4.2 Lots
a. 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 and the requirements of this ordinance.
b. Where a major subdivision is proposed that includes lots
fronting on existing paved federal or state highways or roads such lots shall
require a setback of sixty (60) feet from the right-of-way of said streets or
roads. The Town shall act to encourage the development of a service road for
access to the perimeter lots of such a subdivision and shall act to otherwise
encourage the reduction in the number of driveways directly accessing federal
or state streets and roads in such a manner as to best protect the public
health, safety and welfare. The Town Council is authorized to grant a
variance from the above requirements upon finding that the provisions of
Section 8-2, subsection 6, of this ordinance apply.
4.3 Easements
Easements shall be provided as follows:
a. Utility Easements
Easements for underground utilities shall be provided, where
necessary, across lots or centered on rear or side lot lines and shall be at
least twenty (20) feet wide for water and sanitary sewer lines and as required
by the companies involved, for telephone (telecommunications), gas or power
30

lines. The Town Council will determine whether one (1) easement is sufficient
or whether several easements are necessary to accommodate the various
facilities and the subdivider shall provide the required easements.
b. 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. Provisions shall
be made for the continued upkeep and maintenance of all drainage easements and
stormwater drainage systems in a manner acceptable to the Town.
5. Streets
5.1 Type of Street Required
All subdivision lots shall abut on a public street. All public streets
shall be dedicated to the Town of Holly Ridge, the State of North Carolina
or the public as determined appropriate by the Town Council. All public
streets shall be built to the standards of the North Carolina Department of
Transportation. Public streets not dedicated to the Town which are eligible
for acceptance into the State Highway System because there are too few lots or
residences shall, nevertheless, be dedicated to the public and shall be in
accordance with the standards necessary to be put on the State Highway System,
so as to be eligible to be put on the system at a later date. A written
maintenance agreement with the provisions for maintenance of the street until
it is put on the State System shall be included with the final plat.
5.2 Subdivision Street Disclosure Statement
All streets shown on the final plat shall be designated in accordance
with GS 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 the town or State System, before lots are sold,
a statement explaining the status of the street shall be included with the
final plat. Said statement shall explain that the property and/or lot owners
are ultimately responsible for the upkeep and maintenance of all streets until
such time that the streets are included in the state system. This statement
shall explain the state residency requirements and petition process and shall
run with the legal documentation for each subdivision.
5.3 Half -Streets
The dedication of half -streets of less than the state requirement at the
perimeter of a new subdivision shall be prohibited. If circumstances render
this impracticable, 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
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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.
5.4 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. Where reverse frontage is established,
private driveways shall be prevented from having direct access to the
principal arterial.
5.5 Access to Adjacent Properties
Where, in the opinion of the Town Council, 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 provided.
5.6 Nonresidential Streets
The subdivider of a nonresidential subdivision shall provide streets in
accordance with North Carolina Department of Transportation standards and the
standards in this ordinance, whichever are stricter in regard to each
particular item.
5.7 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' Subdivision Roads
Minimum Construction Standards, and shall apply for any items not included in
this ordinance, or where stricter than this ordinance.
The subdivider will only be required to dedicate a maximum of 100 feet
of right-of-way. In cases where over 100 feet of right-of-way is desired,
the subdivider will be required only to reserve the amount in excess of 100
feet. In all cases in which right-of-way is sought for an access controlled
facility, the subdivider will only be required to make a reservation.
a. Right-of-way Widths: Right-of-way widths shall not be less than
required by NC DOT standards for the type of road proposed and shall apply
except in those cases where right-of-way requirements have been specifically
set out in an approved thoroughfare plan.
b. Street Widths: Widths for street and road classifications other
than local shall be as required by NC DOT. Width of local roads and streets
shall be as follows:
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1. Local Residential
Curb and gutter section - 26 feet, to face of curb
Shoulder section - 20 feet to edge of pavement, 4 foot
shoulders
2. Residential Collector
Curb and gutter section - 34 feet, face to face of curb
Shoulder section - 20 feet to edge of pavement, 6 foot
shoulders
C. Intersections:
1. Streets shall be laid out so as to intersect as nearly as
possible at right angles, and no street shall intersect any
other street at any angle less than sixty (60) degrees.
2. 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.
3. Offset intersections are to be avoided unless exception is
granted by the NC DOT. Intersections which cannot be
aligned should be separated by a minimum length of two
hundred (200) feet between survey center lines.
4. Intersections with arterials, collectors and thoroughfares
shall be as required by the North Carolina Department of
Transportation.
d. Cul-de-sacs
Permanent dead end streets should not exceed five hundred (500)
feet in length unless necessitated by topography or property accessibility
and in no case shall be permitted to be over seven hundred (700) feet in
length. Measurement shall be from the point where the center line of the dead
end street intersects with the center of a through street to the center of the
turnaround of the cul-de-sac. The distance from the edge of the pavement on
the vehicular turnaround to the center of the cul-de-sac shall have a minimum
length of fifty (50) feet (e.g. a 50' radius). Cul-de-sacs may not be used to
avoid connection with an existing street or to avoid the extension of an
important street, unless exception is granted by the Town Council.
In all cases, permanent easements must be granted to the Town of
Holly Ridge by the subdivider or property owner at locations which would allow
the extension and intersection of the dead-end road with existing dedicated
roadways. Such easements must be at least the size of the existing roadway
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which would join the dead-end road at that location.
e. Alleys
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 subdivisions unless necessitated by unusual
circumstances.
2. The width of an alley shall be at least twenty (20) feet.
3. Dead end alleys shall be avoided where possible, but if
unavoidable, shall be provided with adequate turnaround
facilities at the dead end as may be approved by the Town
Council.
4. Sharp changes in alignment and grade shall be avoided.
5. All alleys shall be designed in accordance with NC
Department of Transportation Standards.
5.8 Other Requirements
a. 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.
b. Sidewalks
Sidewalks are considered necessary on all streets in both
commercial and residential areas to provide for pedestrian safety. Sidewalks
shall be constructed on both sides of all streets by the subdivider. Such
sidewalks shall be constructed to a minimum width of four (4) feet, and shall
consist of a minimum width 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 or shall be adequately
reinforced otherwise.
C. 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
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of a suffix such as a street, road, drive, place, court, etc. Street names
shall be subject to the approval of the Town Council.
d. Street Name Signs
The subdivider shall be required to provide and erect street name
signs and stop signs to town and state standards at all intersections within
the subdivision.
e. 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.
f. offsets to Utility Service
Access for utilities should be located clear of roadway shoulders,
preferably a minimum of at least thirty (30) feet from the edge of pavement on
major thoroughfares. On streets with curb and gutter, utility access should
be set back a minimum distance of six (6) feet from the face of curb.
g. 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.
h. Curb and Gutter
Curb and gutter is required by the Town.
6. Utilities
6.1 Water and Sanitary Sewer Systems
Each lot in all subdivisions within the corporate limits of the Town of
Holly Ridge Shall be provided, at the subdivider's expense with an extension
of the municipal water and sanitary sewer systems.
Each subdivision in the extraterritorial area of the Town of Holly
Ridge may be connected at the subdivider's expense to the municipal water and
sanitary sewer systems if approved by the Town Council.
Water and sanitary sewer lines, connections and equipment shall be in
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accordance with the Town standards found in Sewer Ordinance and Water
Ordinance, adopted May 5, 1982 and amended October 3, 1983.
6.2 Storm Water Drainage System
The subdivider shall provide a surface water drainage system constructed
to the standards of the North Carolina Department of Transportation, subject
to review by the Town Consulting Engineer. In accordance with GS 143-215.1(d)
and NCAC 2H .0200, the subdivider is required to apply to the NC Department of
Environment & Natural Resources, Division of Water Quality for a stormwater
management permit if a CAMA major development or a Sedimentation/Erosion
Control Plan is required.
a. No surface water shall be channeled or directed into a sanitary
sewer.
b. Where feasible, the subdivider shall connect to an existing storm
drainage system.
C. Where an existing storm drainage system cannot feasiblely be
extended to the subdivision, a surface drainage system shall be
designed to protect the proposed development from water damage.
d. 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 standards and specifications for erosion control of the North
Carolina Sedimentation Pollution Control Act, GS 143 34.12,
Chapter 113A, Article 4 and the NC Administrative Code Title 15,
Chapter 4.
e. The minimum grade along the bottom of a surface drainage course
shall be a vertical fall of at least one (1) foot in each two
hundred (200) feet of horizontal distance.
f. Streambanks 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 the North Carolina
Sedimentation Pollution Control Act, GS 143-34.12, Chapter 113A,
Article 4 and the North Carolina Administrative Code Title 15,
Chapter 4.
g. Anyone constructing a dam or impoundment within the subdivision
must comply with the North Carolina Dam Safety Law of 1967 and the
North Carolina Administrative Code Title 15, Subchapter 2 K.
h. In all areas of special flood hazards, all subdivision proposals
shall have adequate drainage provided to reduce exposure to flood
damage.
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6.3 Street Lights
All subdivisions in which the size of the smallest lot is less than
forty thousand (40,000) square feet shall have street lights installed. The
developer shall contact the appropriate power company customer service
representative and engineer to develop a street lighting plan in accordance
with Town Standards.
6.4 Underground Wiring
All subdivisions in which the lot is less than forty thousand (40,000)
square feet shall have underground wiring. This requirement may be waived
by the Town Council if underlying rock is less than four (4) feet from
surface in areas where soils have a high water table, or if there is
extensive preexisting overhead wiring on the street in the immediate
neighborhood of the subdivision. The subdivider shall be required to pay the
charges for installation of the underground service.
7. Open Space.
When a tract is subdivided for residential purposes, the subdivider
shall dedicate a portion of such land for the purpose of parks, recreation,
and/or open space in accordance with the following requirements.
a. Area required.
The minimum amount of land to be dedicated shall be one-half (h) acre
for each subdivision or fifteen (15%) percent of the gross acreage determined
by the following formula, whichever is greatest:
(Total number X Lot size (acres) X .15 = Amount dedicated
of lots)
b. Suitability of Land
Criteria for evaluating suitability of proposed recreation, parks and
open space areas shall include but not be limited to the following as
determined by the Planning Board, in consultation with the Holly Ridge Parks
and Recreation Board:
i. Unity: The dedicated land shall be a single parcel except where it
is determined that two (2) or more parcels would be in the public
interest. The Planning Board may require that parcels be connected, and
may require the dedication of a connecting path of up to sixty (60)
feet, and in no case less than thirty (30) feet in width in addition to
the land required in subsection a) above.
ii. Location: The dedicated land shall be located so as to serve the
recreation needs of the immediate neighborhood within the subdivision.
iii. Accessibility: Public access to the dedicated land shall be
provided either by an abutting street or public easement. Such easement
may be required to be up to sixty (60) feet in width and shall in no
37

case be less than thirty (30) feet in width.
iv. Usability: The dedicated land shall be usable for active recreation.
(play areas, ballfields, tennis courts, or similar recreation uses).
Lakes may not be included in computing amount of land to be dedicated
unless acceptable to the Planning Board. If the Planning Board
determines that active recreation needs are being met by other dedicated
parcels or existing recreation facilities, then land that is suitable
for open space may be dedicated.
V. The Town Council may, in cases of unusual or exceptional nature `
allow adjustments in the dedication requirements established in or
required by this ordinance. Such adjustments shall be reviewed by the
Planning Board before action by the Town Council.
vi. Conservation and historic preservation easements shall comply with
GS 121-34. All facilities and improvements and open spaces which the
owner makes an offer of dedication to public use shall be maintained by
the owner until such offer of dedication is accepted by the appropriate
public authority.
C. Acceptance, Maintenance, Development.
The Town reserves the right to accept, develop, and maintain the
dedicated park, recreation, or open space in accordance with its determination
of public needs.
d. Payments in Lieu of Dedication.
When the area to be provided would be less than one acre, the subdivider
may be required to make a contribution to a park/recreation/open space reserve
fund to help provide recreation or open space for the additional residences
being developed. The contribution shall be equal to the value of the raw land
which would be required under the area requirement formula (if the subdivider
and Town cannot agree on the amount, the amount shall be set by the County tax
assessor or a qualified appraiser). Subdividers who would be required to
dedicate at least one acre may make a contribution in lieu of land dedication
with the approval of the Town.
e. Private Recreation Alternative.
Subdividers may provide equivalent private recreation space and/or
facilities to meet the needs of the area being developed. Such areas and/or
facilities shall be approved by the Town and such approval shall specify the
specific number of lots or units for which the private area/facilities may be
counted as adequate to meet neighborhood needs. Private recreation areas shall
meet the area requirements of this ordinance, except that additional credit
may be given for improvements and intensive facilities. Private recreation
areas must have provisions for continuing operation and maintenance.
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8. Buffering
Whenever a residential subdivision is located adjacent to an office,.
institutional, commercial or industrial use which does not have a buffer, or
property zoned for these uses, and a buffer is not required between these
and the subdivision, the subdivider shall provide a buffer as defined in this
ordinance. The width of the buffer shall be in addition to the lot area
required by the Zoning Ordinance. The buffer shall become part of the lot on
which it is located, or in the case of commonly owned property, shall be
deeded to the homeowners' association.
9. Other Requirements
9.1 Placement of Monuments
Unless otherwise specified by this ordinance, the Manual of Practice
for Land Surveying as adopted by the NC Board of Examiners for Engineers and
Land Surveyors, under the provisions of Title 21 of the North Carolina
Administrative Code, Chapter 56, (21 NCAC 56) shall apply when conducting
surveys for subdivisions; to determine the accuracy for surveys and placement
of monuments, control corners, markers, and property corner ties; to determine
the location, design, and material of monuments, markers, control corners,
and property corner ties; and to determine the location, design and material
of monuments, markers, control corners, and property corner ties; and to
determine other standards and procedures governing the practice of land
surveying for subdivisions.
9.2 Construction Procedures
No construction or installation of improvements shall commence in a
proposed subdivision until the preliminary plat has been approved, and all
plans and specifications have been approved by the appropriate authorities.
No building, zoning 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. The subdivider,
prior to commencing any work within the subdivision, shall make arrangements
with the administrator of this ordinance to provide for adequate inspection.
The approving authorities having jurisdiction or their representatives shall
inspect and approve all completed work prior to the release of the sureties.
9.3 Oversized Improvements
The Town of Holly Ridge may require installation of certain oversized
utilities or the extension of utilities to adjacent property when it is in
the interest of future development. If the Town requires the installation
of improvements in excess of the standards required in this ordinance,
including all standards adopted by reference, the Town shall pay the cost
differential between the improvement required and the standards in this
ordinance.
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9.4 Campground Subdivisions
The minimum size of a campground subdivision shall be one (1) acre.
Gross density shall not exceed twenty (20) lots per gross acre. Each lot
shall be clearly staked in accordance with this ordinance.
One all-weather automobile parking space shall be provided for each lot,
to be located outside of any public right-of-way or any street within the
subdivision.
Each lot shall abut upon an improved road of at least twenty (20) feet
in width, which shall be covered with at least four (4) inches of stone or
other approved surface and which shall have access to a public street or road.
Road maintenance agreements shall be prepared whereby the road is maintained
by a subdivision association or other suitable arrangement.
Each lot in the subdivision shall be served by a sewer system approved
by the onslow County Health Department or by the appropriate State or Federal
agency. Each sewer riser pipe shall be equipped with a threaded cap which
shall be in place at all times when an allowable camper vehicle is not hooked
up to the sewer.
Each lot in the subdivision shall be served by a central water system
approved by the appropriate State and/or County agency.
A central service building containing the necessary toilet and other
plumbing and electrical fixtures shall be provided. It shall be located
within or immediately adjacent to the subdivision. If the subdivision is
divided by a state -maintained road, a central service building shall be
provided on each side of the road. The service buildings shall meet all State
and municipal requirements. There shall be at least one shower, one lavatory,
and one commode for each ten (10) lots.
A sanitary station shall be provided consisting of at least a trapped
four (4) inch sewer riser pipe connected to the subdivision sewer system
surrounded at the inlet by a concrete apron sloped to the drain and provided
with a suitable hinged cover and a water outlet to permit periodic wash down
of the immediate adjacent area.
Permanent or semi -permanent structures or any vehicle designed as
permanent living quarters shall not be allowed, and shall include but not be
limited to: porches, carports, awnings, or any other structure not intended to
be temporary. Only vehicles originally designed for temporary use for travel, -
recreation or vacation purposes and currently registered and licensed for use
on the highway shall be allowed.
Minimum lot and setback requirements
A. Lot size - fifteen hundred (1,500) square feet.
B. Lot width - thirty (30) feet.
All common open space must be conveyed by the following method: by
leasing or conveying title (including beneficial ownership) to a corporation,
association, or other legal entity. The terms of such lease or other
40

instrument of conveyance must include provisions suitable to the Town Council
to guarantee: (1) the continued use of such land for the intended purposes:
(2) continuity of proper maintenance for the portions of the open space land
requiring maintenance; and (3) when appropriate, the availability of funds
required for such maintenance.
Campground subdivisions shall reserve not less than twenty percent (20%)
of gross acreage as open space. Said open space should be proportionally
distributed throughout the total residential area as nearly as possible.
A minimum of twenty-five percent (25%) of the required open space shall
be developed for recreational purposes and said recreation space may be
located in one or more sites within the total subdivision. Recreation space
may be natural or landscaped for the use of active or passive recreation in a
useable recreation area.
All improvements required above or elsewhere in this ordinance shall
be installed by the subdivider prior to approval of a final plat by the Town
Council.
The developer shall file in the Office of the Register of Deeds of
Onslow County, legal documents which will produce the aforesaid guarantees and
will provide a method for restricting the use of common space for the
designated purposes prior to the sale of any lot(s).
All other appropriate standards, procedures and requirements of this
ordinance shall pertain to campground subdivisions if they are not addressed
in this section.
9.5 Federal Wetlands
All areas within a subdivision identified as federal wetlands shall be
delineated on the preliminary and final plat along with a statement as to
applicable restrictions. Said delineations shall bear a certificate signed by
a representative of the U S Army Corps of Engineers.
9.6 House Numbering
The subdivider shall provide a house numbering system consistent with
all policies of the US Postal Service and consistent with policies established
by Onslow County for house numbering prior to final plat approval.
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Section 8-5. Planned Unit Development
1. Introduction
A planned unit development is designed to encourage unified development
of property in an innovative manner using contemporary design patterns and
sound engineering principles.
In the Holly Ridge planning area, a PUD application requires two (2)
separate actions as follows:
a. A zoning or rezoning action as required by the ordinances of Holly
Ridge and the State of North Carolina.
b. A subdivision plat review and approval.
2. Purposes And Objectives of Development
Planned Unit Developments (PUD's) shall be designed to meet the
following objectives:
a. Permit creative approaches to the development of land, reflecting
changes in the technology of land development;
b. Accomplish a more desirable environment than would otherwise be
possible, providing a variety of housing and building types, design and
arrangements;
C. Provide for an efficient use of land, which can result in smaller
networks of utilities and streets and thereby lower housing costs;
d. Enhance the appearance of neighborhoods through the preservation
of natural features, the provision of underground utilities, and the provision
of recreational and open space area; and
e. Provide an opportunity for new approaches to home ownership.
3. Conformity With Land Use Plan Required
No PUD shall be approved unless it is found to be in conformity with the
town's land use plan.
4. Subdivision and Zoning Regulations Applicable
The subdivision regulations and zoning provisions of Holly Ridge shall
apply to a PUD insofar as is consistent with these regulations and with any
specific zoning or subdivision requirements approved by the Town Council at
the time of zoning or platting of the PUD in questionp but to the extent that
the zoning provisions or subdivision regulations conflict with these PUD
regulations or with such specific zoning or subdivision requirements, the
former shall not be applicable and the provisions of the PUD requirements
shall control.
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5. Subdivision Provisions Modification Authorized
It is recognized that the uniqueness of each proposal for a PUD requires
that the specifications, standards, and requirements for various facilities,
including but not limited to streets, highways, alleys, utilities, curbs,
gutters, sidewalks, streetlights, parks, playgrounds, school grounds, storm
drainage, water supply and distribution, and sewage collections and treatment,
may be subject to modification from the specifications, standards and
requirements established in the subdivision regulations and the zoning
ordinance.
The town may, therefore, either at the time of zoning as a PUD or at the `
time of final plat approval, waive or modify the specifications, standards and
requirements which would be otherwise applicable to the proposed development.
6. Compatibility of Land Use Elements.
It is recognized that certain individual land uses, regardless of their
adherence to all the design elements provided for in this title, might not
exist compatibly with one another. Therefore, a proposed PUD shall be
considered from the point of view of the relationship and compatibility of the
individual elements of the plan, and no PUD shall be approved which contains
incompatible elements.
7. Conditions For Approval
The Town Council may but are not required to approve a proposed PUD upon
finding that it will implement the purposes of this ordinance and will meet
the standards and requirements set forth in this ordinance.
8. Site Plan Criteria, General Requirements
The PUD shall meet the following site plan criteria, depicted on a site
plan furnished by the developer, unless the applicant can demonstrate that one
(1) or more of them is not applicable or that another practical solution has
been otherwise achieved:
a. The PUD shall have an appropriate relationship to the surrounding
area, with adverse effects on the surrounding area being minimized.
b. The PUD shall provide an adequate internal street circulation system
designed for the type of traffic generated, safety, separation from living
areas, convenience and access. Private internal streets may be permitted
provided that adequate access for police, fire and emergency protection is
maintained; streets are named in a logical fashion to avoid confusion; and
provisions for using and maintaining such streets are imposed upon the private
users and approved by the town. Bicycle traffic shall be provided for if
appropriate for the land use.
C. The PUD shall provide parking areas adequate in terms of location,
area, circulation, safety, convenience, separation and screening.
d. The PUD shall provide common open space adequate in terms of
44

location, area and type of the common open space, and in terms of the uses
permitted in the PUD. The PUD shall strive for optimum preservation of
natural features of the terrain.
e. The PUD shall provide for variety in housing types and densities,
other facilities and common open space.
f. The PUD shall provide adequate privacy between dwelling units.
g. The PUD shall provide pedestrian ways adequate in terms of safety,
separation, convenience, access to points of destination and attractiveness.
9. Off-street Parking
The number of off-street parking spaces for each use in a PUD shall be
determined by the town through consideration of the following factors:
PUD;
a. Estimated number of cars to be used by occupants of dwellings in the
b. Temporary and permanent parking needs of nondwelling uses;
C. Varying time periods of use whenever joint use of common parking
areas is proposed; and
d. Parking and storage needs for recreational vehicles including but
not necessarily limited to camper shells, boats, and travel trailers.
acres.
10. Minimum Land Area
The minimum size of land that may comprise a PUD shall be three (3)
11. Lot Area and Coverage, Setbacks and Clustering
The minimum lot areas and the minimum setback restrictions may be
decreased below and the maximum lot coverages may be increased above those
applicable to like lots and buildings to accommodate specific building types
with unusual orientation on the lot or relationship between buildings. The
averaging of lot areas shall be permitted to provide flexibility in design and
to relate lot size to topography, but each lot shall contain an acceptable
building site. The clustering of development with useable common open areas
shall be permitted to encourage provision for and access to common open areas
and to save street and utility construction and maintenance costs. Such
clustering is also intended to accommodate contemporary building types which
are not spaced individually on their own lots but share common side walls,
whether or not providing for separate ownership of land and buildings.
12. Residential Density
The overall average residential density shall be no greater than the
maximum density for the particular area in the town's zoning ordinance. The
overall average residential density shall be calculated by summing the number
45

of residential dwelling units planned within the boundary of the PUD and
dividing by the total gross areas expressed in acres within the boundary of
the PUD. Averaging and transferring of densities within the PUD shall be
allowed upon a showing of conformance to the purposes of this ordinance
through appropriate utilization of the area within the PUD to achieve high
standards of design and habitability.
13. Permitted Uses
a. Subject to the provisions of subsection 6., the following uses,
separate or in combination, may be permitted in a PUD:
A. Single-family and multifamily residential dwelling units in
detached, semidetached, attached, clustered or multistoried structures, or any
combination thereof;
B. Sale or rental of goods or services
C. Recreation facilities;
D. Public and private offices;
E. Convention facilities
F. Restaurants;
G. Lodging places, including motels, hotels, lodges and dormitories
H. Schools and other education institutions;
I. Churches and hospitals;
J. Business and commercial uses;
K. Industrial uses; and
L. Any other uses shown to be appropriate.
b. The uses which shall be permitted in any particular PUD shall be
only those permitted by the approved PUD plan.
15. Open Space
A minimum of twenty-five (25) percent of the total area within the
boundary of any residential PUD shall be devoted to useable and accessible
common open space; provided, however, that the Town Council may reduce such
requirement if it finds that such decrease is warranted by the design of, and
the amenities and features incorporated into, the plan and that the needs of
the occupants of the PUD for open space can otherwise be met in the proposed
PUD and the surrounding area.
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16. Application for PUD Review
1. An applicant shall process his application for PUD zoning separate
from and either in advance of or concurrently with his application for
subdivision platting under town ordinances. An applicant is advised to
schedule a pre -application discussion with the planning board.
2. The plan shall show generally within the PUD where each type of use
will be located and shall indicate the total acreage which will be devoted to
each use. The precise location of each use and the location of lots, blocks
or other parcels within each area devoted to each use shall be shown.
3. The permitted uses, conditional uses, uses allowed by subsection 14,
minimum lot area, maximum lot coverage, minimum setbacks, maximum height of
buildings and all other use and occupancy restrictions applicable to any PUD,
shall only be those which are approved by the Town Council at the time such
area is so zoned or those which are approved at the time of final plat
approval.
4. The applicant shall initiate any request for PUD approval in
writing, and shall include with his written request the following:
a. A legal description of the area and a statement of the
ownership of all interests in the property to be included in the PUD, and the
written consent of all of the owners and, upon request of the town, evidence
of title in such quality as is acceptable to the town.
b. A plan indicating the broad concept of the proposed
development. Such plan shall indicate:
1. The maximum number of dwelling units proposed within the
overall area,
2. The minimum acreage which will be dedicated to open space,
3. The type of uses proposed and the acreage devoted to each
use,
4. Major internal vehicular traffic circulation systems,
S. The acreage which will be dedicated for school sites or
other public uses,
6. The general nature and location of commercial and industrial
uses, if any, to be located in the PUD,
7. Provision for water, sewer, telephone, electricity, cable
and other utilities,
8. Other restrictions proposed by the applicant such as
building setbacks, height limits, access requirements and
grade or slope restrictions to be applied to particular
areas.
47

9. How the open space will be owned and maintained;
C. A regional location map, on a scale of one (1) inch equaling
not more than four hundred (400) feet, illustrating site boundaries, acreage,
existing structures and existing zoning;
d. A map, on a scale on one (1) inch equaling not more than one
hundred (100) feet, illustrating site boundaries, acreage, existing structures
and existing zoning;
e. A site plan map, on a scale of one (1) inch equaling no more
than one hundred (100) feet, depicting site plan criteria which the applicant
is required to meet in subsection 8;
f. A topographic map of the site or phase, showing at a scale of
one (1) inch equaling not more than one hundred (100) feet slopes, major
vegetation elements, streams, rivers, ditches, sand dunes, 404 wetlands and
areas subject to 100-year flooding;
g. The written request shall additionally contain the following
information:
1. An explanation of the objectives to be achieved by the PUD
and an agreement to abide by the provisions of this
ordinance,
2. A development schedule indicating the approximate dates when
construction of the various stages of the PUD can be
expected to begin and be completed.
3. Copies of any special easements, covenants, conditions and
restrictions which will govern the use of occupancy of the
PUD; provided, however, that the applicant may impose
additional covenants, conditions and restrictions on any
particular area in connection with the platting of such
areas.
4. A list of the adjoining and abutting owners of properties
and their addresses (the property owners shall be notified
by mail by the PUD applicant if zoning or rezoning is
required),
5. A statement and findings by a licensed engineer which shall '
provide evidence of the following as adequate to service the
PUD:
a. The proposed water distribution system,
b. The proposed method of sewage collection,
C. The general manner in which storm drainage will be
48

handled, and
d. The general manner in which provision will be made
for any potential natural hazards in the area,
6. Easements showing vested legal access for ingress and
egress, if applicable.
7. Evidence that the PUD has been designed with consideration
of the natural environment of the site and the surrounding
area and does not unreasonably destroy or displace wildlife,
natural vegetation, or unique natural or historic features.
8. A statement of financial capability,
9. A discussion of the major.internal vehicular system and its
relation to the existing system of streets, roads or
highways,
5. The applicant may submit any other information or exhibits which he
deems pertinent in evaluating his proposed PUD
17. Subdivision Plat Required
Notwithstanding the zoning or rezoning of an overall area as PUD, no
portion thereof shall be used otherwise than as was permitted immediately
prior to the approval of such rezoning until a final subdivision plat for the
area shall have been approved by the Town council in accordance with the
town's subdivision regulations and ordinances.
18. Public Hearings
Notwithstanding provisions of subsections 3 and 4, an applicant may
elect to have the public hearings, if any, as required by the subdivision
ordinance and zoning ordinance both of the county, held simultaneously, if
practicable and upon approval of the town. In this event, notice of.such
hearings shall be published as required by such ordinances of the town. The
intent of this section is to provide for concurrent or simultaneous processing
of PUD zoning and subdivision applications where zoning is an issue.
19. Development Schedule
1. The applicant must begin development of the PUD within one (1)
year from the time of its final approval; provided, however, that
the PUD may be developed in stages. The applicant must complete
the development of each stage and of the PUD as a whole
substantially in conformity with the development schedule approved
by the town.
2. If the applicant does not comply with the time limits imposed by
the subsection 1 of this section, the planning board shall review
the PUD and may recommend that the Town Council revoke approval
for the uncompleted portion of the PUD, or require that the PUD be
49

amended, or extend the time for completion of the PUD.
3. Each stage within a PUD shall be planned as (and) so related to
existing surroundings and available facilities and services that
failure to proceed to a subsequent stage will not have a
substantial adverse impact on the Pud or its surroundings.
4. If a PUD contains nonresidential uses, they may be constructed in
advance of residential uses if the Town Council finds that such
phasing is consistent with sound principles of orderly development
and will have no substantial adverse effect on the quality or
character of the PUD.
20. Fee schedule for Applications
The Town Council hereby establishes a fee schedule for PUD applications
to cover the costs of processing and review in addition to the fee required
for processing other zoning district amendments and any subdivision
applications. All legal and engineering fees incurred by the town in reviewing
or processing the PUD application and plan shall be paid by the applicant.
21. Plan Enforcement and Modifications
1. The provisions of the plan relating to the use of land and the
location of the common space shall run in favor of the town
without limitation on any power or regulations otherwise granted
by the law.
2. All provisions of the plan as finally approved run in favor of the
residents, occupants and owners of the PUD, but only to the extend
expressly provided in the plan and in accordance with the terms of
the plan, and to the extent, the provisions, whether recorded by
plat, covenant, easement or otherwise, may be enforced at law or
in equity by such residents, occupants, or owners acting
individually, jointly or through an organization designated in the
plan to act on their behalf.
3. All those provisions of the plan authorized to be enforced by the
town may be modified, removed or released by the town subject to
the following: '
a. No modification, removal, or release of the provisions of
the plan by the town shall affect the rights of the
residents, occupants and owners of the PUD to maintain and
enforce those provisions at law or in equity; and
b. No substantial modification, removal or release of the
provisions of a PUD plan by the town shall be permitted
except upon a finding by the Town Council, following a
public hearing, that the modification, removal or release is
consistent with the efficient development and preservation
50

of the entire PUD, does not affect in a substantially
adverse manner either the enjoyment of land abutting upon or
across the street from the PUD or the public interest, and
is not solely to confer a special benefit upon any person.
4. Residents and owners of the PUD may, to the extent and in the
manner expressly authorized by the provisions of the plan, modify,
remove or release their rights to enforce the provisions of the
plan, but no such action shall affect the right of the town to
enforce the provisions of the plan.
22. Procedure for Review of PUDs
a. Town Review
Planned Unit Development applications shall be reviewed and approved
using the procedures in Section 8-3., not in conflict herewith.
1. The planning board is responsible for initially investigating all
PUD applications, plans and accompanying information in detail to
ensure conformity with the provisions of this ordinance. Within
seventy five (75) days from receipt thereof by such board, the
board shall recommend approval of a PUD application, disapproval,
or approval upon the imposition of conditions reasonably related
to the intent of this PUD section. The planning board may not
recommend approval of the final plat for a PUD, until final action
by the Town Council is concluded where zoning or rezoning is
required.
2. The only reason for withholding a PUD zoning or rezoning
application from submission to the Town Council is the failure of
the PUD application to conform to the requirements of subsection
16. Approval may be given on a conditional basis provided the
developer submits a written agreement, approved by the town, to
incorporate such conditions upon approval of the final PUD
application and plan. The planning board shall, promptly upon
rendering its decision, submit the PUD application and plan, along
with its conclusions and findings in written form, to the Town
Council, whether the board approves, conditionally approves or
disapproves such zoning application and plan.
b. Developer Procedure
The implementation of a PUD application requires five (5) steps on the
part of the developer as follows:
1. The PUD plan shall be drawn by the developer, with or without the
assistance of the Subdivision Administrator, according to criteria
established in subsection 8. The plan shall conform in detail to
subsection 8, and if conformity exists upon determination of the
Subdivision Administrator shall be accepted for review by the
planning board.
51

2. The PUD plan shall be submitted by the Subdivision Administrator
within thirty (30) days of his acceptance of same for review, to
the planning board for approval, disapproval or conditional
approval as stated in subsection 22, a. 1.
3. As provided in subsection 22, a. 1, the PUD plan, as approved,
disapproved or conditionally approved by the planning board, shall
be submitted to the Town Council for review and action, and shall
be treated as an application for zoning or rezoning to PUD as
provided in subsection 4 if applicable.
4. The Town Council shall review and act on all PUD zoning
applications referred to it by the planning board. Each.PUD
zoning application shall be reviewed and approved, disapproved, or
conditionally approved by the Town Board within ninety (90) days
of its initial acceptance for review from the planning board. To
be effective and legal, a PUD zoning application must receive the
approval of the Town Council. Before announcing its decision, the
Town Council shall schedule and hold a public hearing, public
notice of which shall be given in the manner prescribed by North
Carolina law for the amendment of a zoning ordinance, at which
hearing the applicant, town officials, and all interested parties
shall be afforded the reasonable opportunity of being heard.
5. After the PUD zoning application is processed to final decision by
the Town Council, the developer shall conform to the provisions of
the subdivision regulations of the Town.
52

Section 8-6. Definitions
1.Subdivision Defined (GS 160A-376)
For the purposes of this ordinance, "subdivision" means all divisions of
a tract or parcel of land into two or more lots, building sites, or other
divisions for the purpose of sale or building development (whether immediate
or future) and shall include all divisions of land involving the dedication
of a new street or change in existing streets; but the following shall not be
included within this definition nor be subject to any regulations enacted
pursuant to this ordinance.
a. The combination or recombination of portions of previously
subdivided and recorded lots where the total number of lots is not
increased and the resultant lots are equal to or exceed the
standards of the municipality as shown in this ordinance.
b. The division of land into parcels greater than ten (10) acres
where no street right-of-way dedication is involved.
C. The public acquisition by purchase of strips of land for the
widening or opening of streets, and
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 of the
municipality as shown in this ordinance.
2.0ther Definitions
For the purpose of this ordinance, certain words or terms used herein
shall be defined as follows:
1. Block
A piece of land bounded on one or more sides by streets or roads.
2. Buffer Strip
A solid fence, wall, street, or a planted strip at least five (5) feet
in width composed of deciduous and/or evergreen trees spaced not more
than then (10) feet apart, and not less than one (1) row of dense shrubs
spaced not more than five (5) feet apart, which shall be established
and maintained in perpetuity by the owner of the property whenever
required under the terms and provisions of this ordinance.
3. Building Setback Line
A line parallel to the front property line in front of which no
structure shall be erected. Setbacks shall be figured from the right-
of-way line.
4. Dedication
A gift, by the.owner, or a right to use of land for a specified purpose
53

or purposes. Because a transfer of property rights is entailed,
dedication must be made by written instrument, and is completed with an
acceptance.
S. 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.
6. Half Street
A street whose centerline coincides with a subdivision plat boundary,
with one-half (31) 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. `
7. 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.
S. 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 Onslow County prior to the
adoption of this ordinance, or a lot described by metes and bounds, the
description of which has been so recorded prior to the adoption of this
ordinance.
9. Corner Lot
A lot located at the intersection of two or more streets. A lot
abutting on a curved street or streets shall be considered a corner lot
if straight lines drawn from the foremost points of the side lot lines
to the foremost point of the lot meet at an interior angle of less than
one hundred thirty-five (135) degrees.
10. Double Frontage Lot
A continuous (through) lot which is accessible from both streets upon
which it fronts.
11. Interior Lot
A lot other than a corner lot with only one frontage on a street.
12. Through Lot or a "Double Frontage Lot"
A lot other than a corner lot with frontage on more than one street.
Through lots abutting two streets may be referred to as double frontage
lots.
13. 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.
14. Single Tier Lot
A lot which backs upon a limited access highway, a railroad, a physical
54

barrier, or another type of land use and to which access from the rear
is usually prohibited.
15. Official Maps or Plans
Any maps or plans officially adopted by the Holly Ridge Town Council.
16. Open Space
An area (land) generally lacking in man-made structures and reserved for
enjoyment in its unaltered state.
17. Planned Unit Development (PUD)
The planned unit development is a permitted use designed to provide for
developments incorporating a single type or a variety of residential and
related uses which are planned and developed as a unit.
18. Plat
A map or plan of a parcel of land which is to be, or has been
subdivided.
19. Private Driveway
A roadway serving two (2) or fewer lots, building sites or other
division of land not intended to be public ingress or egress.
20. Private Street
An undedicated private right-of-way which affords access to abutting
properties and requires a subdivision streets disclosure statement in
accordance with GS 136-102.6.
21. Public Sewage Disposal System
A system serving two (2) or more dwelling units and approved by the
onslow County Health Department or the North Carolina Department of
Environment and Natural Resources.
22. 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.
23. 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
24. Street
A dedicated and accepted public right-of-way for vehicular traffic (or a
private road only if permitted by this ordinance). The following
classifications shall apply:
RURAL ROADS
a. Principal Arterial
A rural link in a network of continuous routes serving corridor
55

movements having trip length and travel density characteristics
indicative of substantial statewide or interstate travel and
existing solely to serve traffic. This network would consist of
interstate routes and other routes designed as principal
arterials.
b. Minor Arterial
A rural link in a network joining cities and larger towns and
providing intrastate and intercounty service at relatively high
overall travel speeds with minimum interference to through
movement. This network would primarily serve traffic.
c. Major Collector 1
A road which serves major intracounty travel corridors and traffic
r
generators and provides access to the arterial system.
d. Minor collector
A road which provides service to small local communities and
links locally important traffic generators with their rural
hinterland.
e. Local Road
A local road serves primarily to provide access to adjacent land
for travel over relatively short distances.
URBAN STREETS
a. 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.
b. 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.
c. Local Street
A local street is any link not part of a higher -order urban system
which serves primarily to provide direct access to abutting land
and access to higher systems.
SPECIFIC TYPE RURAL OR URBAN STREETS
a. Freeway, Expressway, or Parkway
Divided multilane roadway designed to carry large volumes of
traffic at relatively high speeds. A freeway is a divided highway
providing for continuous flow of vehicles with no direct access to
abutting property or streets and with access to selected
crossroads provided via connecting ramps. An expressway is a
56

divided highway with full or partial control or access and
generally with grade separations at major intersections. A
parkway is a highway for noncommercial traffic, with full or
partial control of access, and usually located within a park or a
ribbon of parklike development.
b. Residential Collector Street
A local access street which serves as a connector street between
local residential streets and the thoroughfare system. Residential
collector streets typically collect traffic from 100 to 400
dwelling units.
c. Local Residential Street
Cul-de-sacs, loop streets less than 2,500 feet in length, or
streets less than one mile in length that do not connect
thoroughfares, or serve major traffic generators, and do not
collect traffic from more than 100 dwelling units.
d. 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.
e. 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.
f. 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.
25. Subdivider
A person, firm, or corporation who subdivides or develops any land
deemed to be a subdivision as defined herein.
3. 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.
57

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.
This ordinance is effective upon adoption.
J
58

Appendix A. Articles of Agreement
These Articles of Agreement, made and entered into this day of
, 19 , by and between , hereinafter referred to
as Developer, and the People of the Town of Holly Ridge, North Carolina, by
their Town Council, hereinafter referred to as Holly Ridge.
WITNESSETH•
1. In consideration of the approval by Holly Ridge of the plat for the
subdivision known as in accordance with the Developer's
proposal submitted herewith, the Holly Ridge Subdivision Regulations as
enacted by the Town Council of Holly Ridge. Said Subdivision Regulations are
' incorporated into this Agreement by this reference and made a part thereof.
2. Developer agrees to complete all improvements so specified in the
subdivision prior to the sale of any lot therein or to provide guarantees to
Holly Ridge for such improvements in a form acceptable to Holly Ridge prior to
the sale of any lot therein. Said guarantees shall remain in effect and shall
be renewed by the Developer as necessary until released by Holly Ridge. Said
guarantees shall be forfeited upon determination by Holly Ridge that
compliance with this Agreement or the Holly Ridge Subdivision Regulations has
not been accomplished.
3. It is mutually agreed that the time of performance by the Developer shall
be an essential part of this Contract, any failure of the Developer to
complete the subdivision in accordance with the Holly Ridge Subdivision
Regulations and Developer's proposals as approved by Holly Ridge, which is
incorporated herein by this reference, and according to the completion
schedule herein contained, shall be cause for forfeiture of the guarantees to
Holly Ridge. Notwithstanding any provision herein, Holly Ridge shall have
authority to extend the times for compliance upon demonstration by the
Developer that unforeseen or unusual circumstances exist.
4. Completion Schedule:
Starting Completion Cost
Date Date Estimate
Water
System
Streets and
Roads
Sewer
Svstem
Drainage
Stormwater
59

Amenities
Private
Utilities
Street signs/
Traffic
Control
S. The Developer hereby agrees to identify full responsibility for the upkeep
and maintenance of any and all streets and roads not accepted into the Holly
Ridge system until such time as said streets and roads are included in the
state system for maintenance or turned over to a property owner's association
or other private group for maintenance. The Developer shall actively seek
including said streets and roads into the state system, if applicable, and
shall provide evidence of such to Holly Ridge.
6. It is further mutually agreed and understood that all agreements herein
contained shall extend to and be obligatory upon the heirs and assigns of the
Developer and in no event will this Agreement be assigned by the Developer
without the written consent of Holly Ridge.
Dated
Developer:
Holly Ridge:
(Articles of Agreement must be notarized)
60

Appendix A. Articles of Agreement
These Articles of Agreement, made and entered into this day of
, 20_, by and between , hereinafter referred to
as Developer, and the People of the Town of Holly Ridge, North Carolina, by
their Town Council, hereinafter referred to as Holly Ridge.
WITNESSETH:
1. In consideration of the approval by Holly Ridge of the plat for the
subdivision known as in accordance with the Developer's
proposal submitted herewith, the Holly Ridge Subdivision Regulations as
enacted by the Town Council of Holly Ridge. Said Subdivision Regulations are
incorporated into this Agreement by this reference and made a part thereof.
2. Developer agrees to complete all improvements so specified in the
subdivision prior to the sale of any lot therein or to provide guarantees to
Holly Ridge for such improvements in a form acceptable to Holly Ridge prior to
the sale of any lot therein. Said guarantees shall remain in effect and shall
be renewed by the Developer as necessary until released by Holly Ridge. Said
guarantees shall be forfeited upon determination by Holly Ridge that
compliance with this Agreement or the Holly Ridge Subdivision Regulations has
not been accomplished.
3. It is mutually agreed that the time of performance by the Developer shall
be an essential part of this Contract, any failure of the Developer to
complete the subdivision in accordance with the Holly Ridge Subdivision
Regulations and Developer's proposals as approved by Holly Ridge, which is
incorporated herein by this reference, and according to the completion
schedule herein contained, shall be cause for forfeiture of the guarantees to
Holly Ridge. Notwithstanding any provision herein, Holly Ridge shall have
authority to extend the times for compliance upon demonstration by the
Developer that unforeseen or unusual circumstances exist.
4. Completion Schedule:
Water
System
Streets and
Roads
Sewer
System
Drainage
Stormwater
Starting Completion Cost
Date Date Estimate
59

Amenities
Private
utilities
street signs/
Traffic
Control
S. The Developer hereby agrees to identify full responsibility for the upkeep
and maintenance of any and all streets and roads not accepted into the Holly
Ridge system until such time as said streets and roads are included in the
state system for maintenance or turned over to a property owner's association
or other private group for maintenance. The Developer shall actively seek
including said streets and roads into the state system, if applicable, and
shall provide evidence of such to Holly Ridge.
6. It is further mutually agreed and understood that all agreements herein
contained shall extend to and be obligatory upon the heirs and assigns of the
Developer and in no event will this Agreement be assigned by the Developer
without the written consent of Holly Ridge.
Dated
Developer:
Holly Ridge:
(Articles of Agreement must be notarized)