HomeMy WebLinkAboutInitial Subdivision Ordinance-1998s
TOWN OF MURFREESBORO
IMTIAL SUBDIVISION ORDINANCE
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Division of Coastal Management
Adopted by the Murfreesboro Town Council on May 12, 1998
REcovel)
. JUL 16199E
The preparation of this report and accompanying maps was financed in part through a granEW
North Carolina Coastal Management Program, through funds provided by the Coastal Zonal ct of
1972, as amended, which is administered by the Office of Ocean and Coastal Resource Management, National
Oceanic and Atmospheric Administration.
Table of Contents
SECTION I. INTRODUCTION...........................................................................................................1
11. PURPOSE.....................................................................................................................................1
12. AUTHORITY.................................................................................................................................I
13.
JURISDICTION..............................................................................................................................1
14.
COMPLIANCE...............................................................................................................................1
SECTIONII. GENERAL.....................................................................................................................2
21.
DEFINITIONS...............................................................................................................................2
22.
SUBDMSION...............................................................................................................................4
23.
ACCEPTANCE OF PUBLIC SERVICES.............................................................................................4
24.
COMPLIANCE wTTH LOCAL ORDINANCES.....................................................................................4
25.
CONSISTENCY wTTH OFFICIAL PLAN............................................................................................5
26.
CONSISTENCY WITH LAND USE PLANS........................................................................................5
SECTION III. PROCEDURES FOR THE SUBXHSSION AND APPROVAL OF PLANS..............6
31.
SKETCH PLAN..............................................................................................................................6
32.
PRELnvflNARY PLAT.....................................................................................................................6
321.
Submittals..........................................................................................................................6
322.
Plat Contents.....................................................................................................................7
323.
Approval............................................................................................................................8
3231. Planning Board Action.......................................................................................... 8
3232. Improvements.......................................................................................................8
33.
FINAL PLAT.................................................................................................................................8
331.
Submittals..........................................................................................................................9
332.
Plat Contents.....................................................................................................................9
333.
Performance Guarantee....................................................................................................11
334.
Release of Guarantee.......................................................................................................11
335.
Maintenance and Defects Guarantee.................................................................................12
336.
Approval..........................................................................................................................12
3361. Planning Board Action........................................................................................12
337.
Recording of Final Plat....................................................................................................12
34.
MINOR SUBDIVISION APPROVAL...............................................................................................12
341.
Submittals........................................................................................................................12
342.
Plat Contents...................................................................................................................13
SECTION IV. DESIGN AND CONSTRUCTION STANDARDS....................................................15
41.
GENERAL..................................................................................................................................15
411.
Design Guides.................................................................................................................15
4111. Minimum Lot Size..............................................................................................15
4112. Mitigation...........................................................................................................15
4113. Enhancement.......................................................................................................15
412.
Access Adequacy.............................................................................................................16
42.
STREETS....................................................................................................................................16
421.
Design and Layout......................................................................................................:....16
4211. Coordination with Surrounding Streets................................................................16
4212. Access to Unsubdivided Property ........................................................................16
4213. Street Intersections..............................................................................................16
4214. Dead-end Streets.................................................................................................16
Table of Contents
(continued)
4215. Half Streets.........................................................................................................16
4216. Block Standards..................................................................................................17
4217. Lot Standards......................................................................................................17
4218. Driveways...........................................................................................................17
4219. Street Names and House Numbers.......................................................................17
422.
Classification...................................................................................................................17
423.
Street and Drainage Requirements...................................................................................17
424.
Private Streets......................................................:...........................................................18
425.
Construction....................................................................................................................18
4251. Clearing and Grubbing........................................................................................18
4252. Grading...............................................................................................................18
4253. Street Base..........................................................................................................18
4254. Street Surface...
4255. Curb and Gutter...................................................................................................18
4256. Culvert Pipe........................................................................................................18
4257. Pavement and Right-of-way................................................................................18
43.
STORM WATER MANAGEMENT..................................................................................................19
431.
Design Standards.............................................................................................................19
44.
UMIMS..................................................................................................................................19
441.
Water Supply...................................................................................................................19
4411, Statement of Purpose...........................................................................................19
4412. Public Supply Standards......................................................................................19
4413. Private Supply Standards.....................................................................................19
4414. Design and Construction.....................................................................................19
442.
Sewage Disposal..............................................................................................................20
4421. Public Disposal Standards...................................................................................20
4422. Private Disposal Standards..................................................................................
20
4423. Design and Construction.....................................................................................20
443.
Other Utilities......................................................:...........................................................21
4431. Wiring.................................................................................................................21
4432. Street Lighting....................................................................................................21
45.
OTHER IwROvEMENTs.............................................................................................................21
451.
Survey...........................................................................................................................21
452.
Wheel Chair Ramps.........................................................................................................21
453.
Street Signs......................................................................................................................22
454.
Shade Trees.....................................................................................................................22
455.
Sidewalks........................................................................................................................22
46.
OTHER REQUMEMENTS.............................................................................................................22
461.
Easements........................................................................................................................22
4611. Utilities...............................................................................................................22
4612. Drainage.............................................................................................................22
4613. Utility Boxes and/or Easement Appurtenances.....................................................22
462.
Clean-up..........................................................................................................................
22
SECTION V. LEGAL PROVISIONS...............................................................................................23
51. ENFORCEMENT..........................................................................................................................23
511. Register of Deeds.............................................................................................................23
512. Building Inspector...........................................................................................................23
ii
Table of Contents
(continued)
513. Recordation of Deed........................................................................................................23
52. PENALTIES................................................................................................................................23
53. VARIANCE.................................................................................................................................23
54. AMENDMENTS...........................................................................................................................24
55. SEVERABILITY...........................................................................................................................24
56. PRIOR INCONSISTENT ORDINANCES...........................................................................................24
57. ABROGATION............................................................................................................................24
58. EFFECTIVE DATE.......................................................................................................................24
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SECTION L INTRODUCTION
11. Purpose
The purpose of this Subdivision Ordinance is to establish reasonable and uniformly
enforceable procedures and standards for the development and subdivision of land within the
territorial jurisdiction of the Town of Murfreesboro. It is designed to provide for, including but not
limited to, coordination of streets, community facilities, and utilities within proposed subdivisions
and to assure the provision of streets, curbs, gutters, sewers, utilities, and recreation facilities needed
to service proposed subdivisions and minimize future expenditures by the Town taxpayers for
provision of these services. It is further designed to redistribute population and traffic in a manner
that will avoid undesired congestion and overcrowding and will create wholesome conditions
essential to public health, safety, and general welfare, and. to provide for proper legal description,
monumentation and recording of land that will insure easy identification and permanent location of
all real estate boundaries. In addition, this ordinance is designed to encourage the wise, productive,
and beneficial use of the natural resources of the Town, to maintain a healthy and pleasant
environment, and to preserve the natural historical beauty of the Town and its territorial jurisdiction.
12. Authority
This ordinance is adopted under the authority and provisions of the General Statutes of
North Carolina, Chapter 160A-371 ET.SEQ., as well as, amendments and supplements thereto.
13. Jurisdiction
The regulations of this ordinance shall apply throughout the Town of Murfreesboro and its
extraterritorial planning jurisdiction as now and hereafter established.
14. Compliance
Lots unimproved on the effective date of this ordinance, must after the adoption of this
ordinance be improved in compliance herewith and be in compliance with the regulations,
ordinances, and statutes incorporated by reference herein.
SECTION 11 GENERAL
21. Definitions
(a) Authorized Agent - One who is designated in writing and is acting as representative for, or
by the authority of the subdivider.
(b) Building Setback Line - A line parallel to the front property line which establishes the
minimum allowable distance between nearest portions of any building, steps, eaves, gutters,
and similar fixtures, and the street right-of-way line when measured perpendicularly thereto.
(c) CAMA - The Coastal Area Management Act of 1974.
(d) Dedication - A gift, by the owner, of a right to use land for stated purposes. A dedication
must be in writing and in recordable form, and is completed with an acceptance and
recordation.
(e) Easement - A grant in writing and in recordable form by the property owner for use by the
public, a corporation or person(s) of a strip of land for specific reasons.
(f) Extraterritorial Jurisdiction - The land lying outside of the Corporate Limits of the Town of
Murfreesboro but within the one (1) mile district designated by the Town Council subject to
municipal planning and development controls as provided for in 160A-362 of the North
Carolina General Statutes.
(g) Lot - A portion of a subdivision or any other parcel of land intended as a unit for transfer
of ownership or for development, or both. The word "lot" includes the word "parcel" or
"plot".
(h) Major Subdivision - The division of a tract or parcel into 3 or more lots.
(i) Minor Subdivision - All divisions of land which are not exempt from review by the
definition above and which result in 2 or fewer lots fronting on existing paved public roads.
(j) Plan or Plat - A map, design, or scheme of arrangement of a parcel of land which is to be, or
has been subdivided.
(k) Planning Board - The Town Planning Board of Murfreesboro, North Carolina.
(1) Plat - A map or plan delineating a tract or parcel of land to be subdivided, land to be
dedicated for public use, or right-of-way for street or utility purposes. The word plat shall
include the terms "map", "plot", and "plan".
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(m) Plat, Final - A map of land subdivision prepared by a North Carolina Registered
Professional Engineer, in recordable form, with necessary affidavits and including but not
limited to depiction of utility layouts, dedications, acceptances, complete bearings and
dimensions of all lines defining lots and blocks, streets, public areas, and other dimensions
of land, as prescribed by Statute, Local Ordinances, and this Ordinance, as well as a
certification concerning as built installation and/or funding securing same.
(n) Plat, Preliminary - A map of a proposed land subdivision showing the character and
proposed layout of the tract in sufficient detail to indicate the suitability of the proposed
subdivision of land, as prescribed by this Ordinance.
(o) Reservation - A reservation of land not involving the transfer of property rights in writing
and in recordable form. It simply constitutes an obligation to keep property free from
development for a stated period of time.
(p) Shoulder - The graded part of the right-of-way that lies between the edge of the main
pavement (main traveled way) and the curbline.
(q) Sidewalk (area) - A paved path provided for pedestrian use and usually located at the side of
a road within the right-of-way.
(r) Sketch Plan - A schematic representation of the subdivision layout and design.
(s) Street - A public dedicated right-of-way for vehicular traffic.
(1) Arterial Street - A street connecting widely separated areas and designed to carry a
large volume of traffic, which may be fast, heavy, or both. Arterial streets are
sometimes referred to as "major thoroughfares", "freeways", etc. and are usually
numbered State and Federal highways.
(2) Collector Street - A street which serves as the connecting street system between local
residential streets and the thoroughfare system.
(3) Cul-de-sac - A short street having but one (1) end open to traffic and the other end
being permanently terminated and a vehicular turn -around provided.
(4) Frontage_Road - A street that is parallel to a full partial access controlled street
facility and functions to provide controlled access to adjacent land.
(5) Minor Street - A street whose primary function is to provide access to abutting
properties and is designed to discourage use by through traffic. Minor streets may
also be referred to as "neighborhood" streets.
(t) Town Council - The Town Council of Murfreesboro, North Carolina; the governing board
of the municipality of Murfreesboro, North Carolina.
(u) Subdivider - Any person, firm, entity, or corporation who subdivides or develops any land
deemed to be a subdivision as herein defined.
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(v) Subdivision - All divisions of a tract or parcel of land into two or more lots, building sites, or
other division 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 a change in
existing streets; but the following shall not be included within this definition nor be subject
to the regulations authorized by this ordinance:
• 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 Town, as shown in this and related ordinances;
• the division of land into parcels greater than ten (10) acres where no street right-of-way
dedication is involved;
• the public acquisition by purchase of strips of land for widening or opening of streets;
and
• the division of a tract in single ownership whose entire area is no greater than two acres
into not more than three lots, where no street right-of-way dedication is involved and
where resultant lots are equal to or exceed the standards of the Town, as shown in this
Ordinance.
22. Subdivision
No subdivision shall be created within the meaning of this ordinance of any land within the
jurisdiction of the Town, until such subdivision has been approved by the Planning Board as
hereinafter provided.
No plat of any subdivision within the jurisdiction of the Town shall be filed or recorded by
the Register of Deeds of Hertford County until it has been approved pursuant to this ordinance.
23. Acceptance of Public Services
No street shall be maintained by the Town nor street dedication accepted for ownership
and/or maintenance by the Town, nor shall water, or sewer or other Town facilities or services be
extended to or connected within any subdivision until the requirements set forth by this ordinance
and other applicable regulations, ordinances, and statutes, have been fully complied with and a final
plan has been approved by the Planning Board and recorded with the County of Hertford Register of
Deeds. All lots improved after the effective date of this ordinance shall abut a public street. No
final plat shall be approved or recorded showing private streets.
24. Compliance with Local Ordinances
No plan shall be approved unless such plan complies in all respects with all officially
adopted local policies and ordinances of the Town of Murfreesboro related to responsible growth
and land development.
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25. Consistency with Official Plans
Subdivision plans shall be consistent and in compliance with all officially adopted
Thoroughfare Plans, Water and Sanitary Sewer Connection Ordinances, and any and all other
officially adopted ordinances and/or plans applicable to the Town's health, safety, welfare, and
orderly growth.
26. Consistency with Land Use Plan
Applications submitted pursuant to this ordinance and approvals, if any, granted pursuant to
the within ordinance shall be consistent with the Murfreesboro Land Use Plan, its amendments and
supplements.
k,
SECTION M. PROCEDURES FOR THE SUBNIISSION AND APPROVAL OF PLANS
31. Sketch Plan
A Sketch Plan of a proposed subdivision may be submitted by the subdivider for discussion
and approval by the Planning Board. The Town of Murfreesboro encourages all subdividers to take
advantage of this service, in as much as no fee is required. The Sketch Plan should include a
general description of the proposed subdivision as well as a sketch vicinity map showing the
proposed subdivision in relation to the surrounding area. The Planning Board or its designee shall
review the Sketch Plan for general compliance with the requirements of this ordinance, and any
other applicable regulation, ordinance, and/or statute. The Planning Board or its designee shall
provide the subdivider or the subdivider's designee with a copy of the regulations pertaining to the
proposed subdivision and the procedures to be followed in preparation and submission of the
Preliminary and Final Plats.
32. Preliminary Plat
321. Submittals
Any person who seeks approval of a Preliminary Plat of a major subdivision shall
submit to the Planning Board:
a) A signed application (Form A), in triplicate (form to be provided by Town of
Murfreesboro).
b) Six (6) sealed prints of the Preliminary Plat as described in Section 322.
c) A filing fee of not less than $150, nor more than $1,000 shall be charged for
each application. Each application shall be accompanied by payment of $150.00.
The fee is to be determined by the actual costs to the municipality, taking into
consideration administration costs, professional costs, stenographer costs, etc.
Applicant shall be responsible (within the aforementioned parameters) for actual
costs incurred in processing application as determined by administrator and will be
billed or refunded accordingly therewith. Payments must be current for application
to be processed.
d) At the same scale as the Preliminary Plat, a Development Plan, showing topography
at contour intervals appropriate for the site, graphic drainage analysis including
existing and proposed watercourses and distinction between upland and wetland,
location of tree cover, existing structures, and proposed lot lines. If located within
an area of special flood hazard as identified by the Federal Emergency Management
Agency, the location of the base flood elevation shall be indicated.
0
e) A drainage plan and calculations, including description of the effects of a 100-year
storm.
f) An Environmental Impact Statement if requested by the Planning Board pursuant to
Chapter 113A of the North Carolina General Statutes.
322. Plat Contents
The Preliminary Plat shall be prepared and sealed by either a N.C. registered
surveyor or a N.C. registered engineer and shall be clearly and legibly drawn at a scale of 1"
= 100" to show details clearly and adequately. Sheet sizes shall be no larger than 24" x 36".
The Preliminary Plat shall contain the following information:
a) Subdivision name, boundaries, north point, legend, date, and scale.
b) Sketch vicinity map showing the location of the subdivision in relation to the
surrounding area.
c) Name and address of landowner, subdivider, registered engineer or surveyor, his
stamp, and names (and stamps if appropriate) of any other professionals engaged in
the design.
d) Location, use, and ownership of abutting property.
e) Existing and proposed lines of streets, lots, easements, and public or common areas
within the subdivision, and sufficient information to determine the location,
direction, and length of every street line, lot line, easement, and boundary line, and
to establish those lines on the ground. Lots numbered and approximate lot area
shown.
f) Proposed streets, existing and platted streets on adjoining properties and in the
proposed subdivision designated either public or private, indicating right-of-way
and/or easement widths, pavement widths, and centerline curve and corner radius
data including sight distances, and typical street cross sections.
g) Plans for proposed utility layouts including sanitary sewers, storm sewers, water
distribution lines, street lighting, telephone and electric service, illustrating
connections to existing systems or plans for individual water supply systems and/or
sewage disposal systems, showing line size and location of fire hydrants and
manholes.
h) All streets, roads, and streams proximate to the proposed subdivision.
i) Existing structures and wooded and/or farmlands proximate to the proposed
subdivision.
7
j) A copy of any protective covenants or deed restrictions applicable to land being
subdivided.
323. Approval
3231. Planning Board Action. The sub -divider shall submit the Application, Plat, filing
fee, and all data required in Section 321 to the Town Clerk at least 20 business days prior to
the Planning Board meeting at which it is to be considered. The Clerk shall forward the plan
to a designated professional consultant for technical review and recommendation taking into
account Town, County, and State ordinances, regulations, and statutes. Within 20 business
days, the professional consultant will return written results of his/her review to the Planning
Board. Upon receipt of the plan and the consultant review and recommendations, the
Planning Board shall review it for compliance with the requirements of this ordinance and
consider the recommendations of the consultant and other reviewers, if any. The Planning
Board shall approve, approve conditionally, or disapprove the Preliminary Plat within 30
days of submittal to the Planning Board, unless developer agrees in writing to extension or
waiver of time period. If the Planning Board approves the Preliminary Plat, approval shall
be noted on at least two copies of the plan by the Town Clerk, Public Works Director, Town
Engineer, Tax Assessor, Fire Chief, and Planning Board Chairman. One (1) copy shall be
returned to the subdivider and one (1) shall be retained by the Town Clerk. If the plan is
approved with conditions, the conditions and the reasons for conditional approval shall be
recorded in the minutes of the meeting and a copy of any conditions shall be attached to the
plans.
3232. Improvements. Upon Planning Board approval of the Preliminary Plat (with or
without conditions), the subdivider may proceed with the installation of the required
improvements or the subdivider shall have furnished the Planning Board with adequate
performance guaranty to assure installation and have entered into a written agreement, in
recordable form, as to terms and conditions of the subdivision approval, and the preparation
of the Final Plat in accordance with the approved Preliminary Plat and the requirements of
this ordinance and other related policies, regulations, ordinances, and statutes.
NOTE: A PRELM NARY PLAT MAY NOT BE FILED WITH THE REGISTER OF
DEEDS AS A FINAL PLAT.
33. Final Plat
A final subdivision plat for "major subdivisions" must be submitted within 24 months of the
date the Preliminary Plat was approved, otherwise such approval shall be null and void unless a
written extension of this time limit, in the form of motion approving same, is granted by the
Planning Board. The Final Plat shall contain only that portion of the Preliminary Plat, which the
subdivider proposes to develop and record at that time. When a Final Plat is submitted and
approved in accordance with this ordnance, approval of the Preliminary Plat is automatically
extended another 24 months.
93
No Final Plat shall be approved until the subdivider has installed in the area represented on
the Final Plat all improvements required by this ordinance, including; but not limited to, the plans for
utility layout, sanitary sewers, storm sewers, water distribution lines, natural gas, telephone and
electric service, illustrating connections to existing_ systems or plans for individual water supply
systems and/or sewerage disposal systems. Plans must show line sizes, the location of fire hydrants,
blowoffs, manholes, pumps, forcemains, and gate valves, or shall have guaranteed their installation
as provided in Section 333. No property shall be sold or deed registered by the County Registerf
Deeds before the subdivider provides a proof of filing to the Town Council that as -built plans have
been filed with the Town Clerk and a Final Plat has been approved and recorded in the Registry of
Deeds pursuant to this ordinance.
331. Submittals
Any person who seeks approval of a Final Plat of a subdivision shall submit to the
Planning Board:
a) A signed application (Form B), in triplicate (form to be provided by Town of
Murfreesboro).
b) Six (6) sealed prints of the Final Plat as described in Section 332.
c) A filing fee of not less than $150, nor more than $1,000 shall be charged for each
application. Each application shall be accompanied by payment of $150.00. The
fee is to be determined by the actual costs to the municipality, taking into
consideration administration costs, professional costs, stenographer costs, etc.
Applicant shall be responsible (within the aforementioned parameters) for actual
costs incurred in processing application as determined by administrator and will be
billed or refunded accordingly therewith. Payments must be current for application
to be processed.
d) An erosion and sediment control plan approved by the North Carolina Division of
Land Resources, if required.
332. Plat Contents
The Final Plat shall be prepared and sealed by either a N.C. registered surveyor or a
N.C. registered engineer and shall be drawn at a scale of 1" = 100". Sheet sizes shall be no
smaller than 12" x 18" and no larger than 18" x 24" in accordance with the standards and
practices of the Hertford County Tax Assessor's office. One (1) copy of the Final Plat shall
be drawn on reproducible Mylar.
The Final Plat shall contain the following information:
a) Subdivision name, boundaries, north point, legend, date, revision date and purpose,
if any, scale, title block, and certifications.
x
b) Name and address of landowner, subdivider, N.C. registered engineer or surveyor,
his stamp, and names (and stamps if appropriate) of any other professionals engaged
in the design.
c) Sketch vicinity map showing the location of the subdivision in relation to the
surrounding area.
d) Names of proposed streets and the locations and widths of proposed street
rights -of -way and street pavements.
e) Layout of lot arrangement including lot lines, lot dimensions and lot numbers.
f) Certification of Ownership and Dedication. The following shall be placed on the
Final Plat and signed by the owner(s) of the subdivision:
"I (We) hereby certify that I am (we are) the Owner(s) of the property shown and
described hereon and that I (we) hereby adopt this plan of subdivision with my (our)
free consent. Further I (we) certify the land as shown hereon is within the
subdivision regulation jurisdiction of the Town of Murfreesboro, North Carolina." I
(We) consent to the recording of this plat with the Register of Deeds of Hertford
County."
Owner
h) Certification of Final Plat Approval. The following certificate shall be placed on the
Final Plat for endorsement by the Town Clerk:
"I hereby certify that the subdivision plan shown hereon has been found to comply
with the subdivision ordinances of the Town of Murfreesboro, and further, that this
plan has been approved by the Murfreesboro Town Planning Board for recording in
the Register of Deeds of Hertford County within 30 days of the date of this
certificate."
Attest
(Town Clerk)
Date
Seal
i) As Built Engineering Data as follows:
1. Location and dimensions of all rights -of -way, utility or other easements,
paths or trails, and public or common areas;
10
2. Right-of-way lines, sight distance lines, pavement widths, and names of all
streets and the location, name, and width of all adjacent streets and
easements;
3. Property lines, buildings or other structures, watercourses, railroad bridges,
culverts, storm drains, corporate limits on land to be subdivided and on a
portion of the land immediately adjoining;
4. Sufficient engineering data to determine readily and reproduce on the ground
every straight or curved boundary line, street line, lot line, right-of-way line,
easement line, setback line, sight distance line including dimensions, bear-
ings or deflection angles, radii, central angles and tangent distances for the
center line of curved streets and curved property lines that are not the
boundary of curved streets. All dimensions shall be measured to the nearest
tenth of a foot and all angles to the nearest minute;
5. Accurate location and description of all monuments, markers, and control
points;
6. Modifications, if any, to the topography of the proposed subdivision at a
contour interval of not more than five feet.
7. Approval in writing from North Carolina Department of Environmental,
Health, and Natural Resources (DEHNR), if required.
333. Performance Guarantee
In lieu of prior construction of the improvements required by this ordinance, the
Town of Murfreesboro shall, for the purpose of approving a Final Plat, accept a guarantee
from the subdivider that such improvements will be carried out according to the Towns
specifications at his/her expense. Such guarantee may be in the form of a surety bond issued
by a bonding company licensed to do business in N.C. and approved by the Town Planning
Board, or certified check drawn in favor of the Town of Murfreesboro, or cash deposited
with the Town. Such guarantee shall be in an amount of not less than 110% of the
construction of the required improvements. All improvements shown on the Final Plat shall
be installed with 24 months of Plan approval. Improvements not constructed or completed
within 24 months of Final Plat approval may be constructed or completed by the Town
using the performance guarantee described in this section.
334. Release of Guarantee
The Planning Board may grant partial release from such performance guarantee for
partial completion of improvements. Full security shall not be released until the Town
Engineer and Maintenance Supervisor or other authorized individual reports in writing that
street, utility, monument and other required improvements have been installed in accordance
11
with the approved Final Plat, meeting acceptable engineering standards, and according to
any applicable, local, County and state specifications.
335. Maintenance and Defects Guarantee
The Town Clerk shall secure from all subdividers a security in which said subdivider
shall agree to maintain the backfill on any improvements and guarantee improvements
against defects for one (1) year, except those improvements made by utility companies.
Such security shall be binding on the subdivider for a period of one (1) year after the
acceptance of such improvements by the Town.
336. Approval
3361. Planning Board Action. The Sub -divider shall submit the application and Final Plat
to the Town Clerk at least 20 days prior to the Planning Board meeting at which it is to be
considered. The Board shall review the plat and may consult with technical experts as
necessary to confirm conformance with the approved Preliminary Plat (including any
conditions attached) and all other requirements of this ordinance. The Planning Board shall
approve or disapprove the Final Plat within 30 days of submittal to the Planning Board. If
the Planning Board approves the Final Plat with modifications, the subdivider shall prepare
and submit to the Planning Board a new Final Plat or revised Final Plat showing revisions
which incorporate the modifications. If the Planning Board denies approval of the Final
Plat, the reasons for such denial shall be recorded in the minutes.
337. Recording of Final Plat
The subdivider shall file the approved, signed, and sealed Final Plat with the
Register of Deeds of Hertford County within 30 days of Planning Board final approval and
return two filed copies of the plan showing date and documentation of filing to the Town
Clerk.
34. Minor Subdivision Approval
"Minor Subdivision" shall mean all divisions of land which are not exempt from review by
the statutory definition and which do not qualify as a "major subdivision."
Where the land being divided is situated along existing paved, public roads and where not
more than 2 lots are resulting, the process for review and approved shall be abbreviated.
341. Submittals
Any person who seeks approval of a minor subdivision plat shall submit to the
Planning Board:
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a) A signed application (Form B), in triplicate (form to be provided by Town of
Murfreesboro).
b) Six (6) sealed prints of the Final Plat as described in Section 342.
c) A filing fee of $150.
d) An erosion and sediment control plan approved by the North Carolina Division of
Land Resources, if required by North Carolina law.
342. Plat Contents
The Minor Subdivision Final Plat shall be prepared by either a registered surveyor or
a registered engineer and shall be drawn at a scale of 1" = 100". Sheet sizes shall be no
smaller than 12" x 18" and no larger than 18" x 24" in accordance with the standards and
practices of the Hertford County Tax Assessor's office. One (1) copy of the Final Plat shall
be drawn on reproducible Mylar.
The Plat shall contain the following information:
a) Subdivision name, boundaries, north point, legend, date, revision date and purpose,
if any, scale, title block, and certifications.
b) Name and address of landowner, subdivider, registered engineer or surveyor, his
stamp, and names (and stamps if appropriate) of any other professionals engaged in
the design.
c) Sketch vicinity map showing the location of the subdivision in relation to the
surrounding area.
d) Layout of lot arrangement including lot lines, lot dimensions and lot numbers.
e) Plans for proposed utility layouts including sanitary sewers, storm sewers, water
distribution lines, street lighting, telephone and electric service, illustrating
connections to existing systems or plans for individual water supply systems and/or
sewage disposal systems, showing line size and location of fire hydrants and
manholes.
f) Any additional information deemed necessary by the Town Council to adequately
review the project as a minor subdivision.
g) Certification of Ownership and Dedication. The following shall be placed on the
Final Plat and signed by the owner(s) of the subdivision:
"I (We) hereby certify that I am (we are) the Owner(s) of the property shown and
described hereon and that I(we) hereby adopt this plan of subdivision with my (our)
13
free consent. Further I (we) certify the land as shown hereon is within the
subdivision regulation jurisdiction of the Town of Murfreesboro, County of
Hertford, North Carolina." I (we) consent to the recording of this map with the
Register of Deeds ofHertford County."
Owner
Owner
h) Every lot within each subdivision within Town limits shall be located within 500
feet (500') of at least a 6 inch (6") water line and fire hydrant (size to be determined
by the Fire Chief and/or the Town Engineer). All fire hydrants shall be installed in
accordance with the Town's existing policy.
i) Certification of Final Plat Approval. The following certificate shall be placed on the
Final Plat for endorsement by the Town Clerk:
"I hereby certify that the subdivision plan shown hereon has been found to comply
with the subdivision ordinances of the Town of Murfreesboro, and further, that this
plan has been approved by the Murfreesboro Town Planning Board for recording in
the Register of Deeds of Hertford County within 30 days of the date of this
certificate."
Attest
(Town )
Date
Seal
14
SECTION IV. DESIGN AND CONSTRUCTION STANDARDS
41. General
The subdivider shall observe all design standards for land subdivision as hereinafter
provided. These standards shall be considered minimum standards and shall be varied from or
waived only as provided in Section V.
411. Design Guides
4111. Minimum Lot Size. All lots created after the date of adoption of this ordinance shall
conform to a minimum lot size as required by the municipal zoning ordinances.
4112. Mitigation. Design and construction shall reduce, to the extent reasonably possible,
the following:
i) volume of cut and fill;
ii) area over which existing vegetation will be disturbed; especially on land adjoining a
wetland, river, pond, or stream, or overlying easily eroded soils;
iii) number of mature trees or percentage of tree cover removed;
iv) extent of waterways altered or relocated;
v) number of driveways exiting onto existing streets;
vi) alteration of groundwater or surface water elevations or chemical constituents;
vii) disturbance of important wildlife habitats, outstanding botanical features, and scenic
or historic envisions; and
viii) soil loss or instability during and after construction (as per N.C.G.S. 113A 50).
4113. Enhancement. Design and construction shall increase, to the extent reasonably
possible, the following:
i) vehicular use of collector streets to avoid traffic on streets providing house frontage;
ii) visual prominence of natural features of the landscape;
iii) legal and physical protection of views from public streets; and
15
412. Access AdequaU
Every lot shall have access to it that is sufficient to afford a reasonable means of
ingress and egress for emergency vehicles as determined by Murfreesboro Fire Chief, as
well as for all those likely to need or desire access to the property in its intended use.
42. Streets
To insure consistent quality and long-term maintenance, all streets or roads created after the
date of this ordinance shall be paved and dedicated as public streets or roads. The streets or roads
shall conform to the minimum construction standards for subdivision roads as described by the
North Carolina Department of Transportation and to the local standards listed below.
421. Design and Layout (Temporary Streets, During Construction, and Permanents Streets)
The arrangement, character, extent, width, grade, and location of all streets shall be
considered in their relation to existing and planned streets, to topographical and soil
conditions, to public convenience and safety and in their appropriate relation to the proposed
use of the land to be served by such streets.
4211. Coordination with Surrounding Streets. The proposed street layout within a
subdivision shall be coordinated with the existing street system of the surrounding area
and where possible, existing principle streets shall be extended.
4212. Access to Unsubdivided PropM. Where the subdivision adjoins unsubdivided
property susceptible to being subdivided, streets shall be carried to the boundaries of the
tract proposed for subdivision. Temporary turn-arounds shall be provided. Reserve strips
prohibiting access to streets or adjoining property shall not be permitted.
4213. Street Intersections.
i) streets shall be laid out so as to intersect as nearly as possible at right angles. No
street shall intersect any other street at less than 60 degrees.
ii) centerline offsets for intersecting streets shall not be less than 150 feet.
4214. Dead-end Streets. All dead-end streets shall be provided with a turn -around capable
of serving a vehicle of 30 foot length and having an outside turning radius of 57 feet.
Should Plat approval comprise of phased (sectional) development, plans must depict
temporary cul-de-sac(s) satisfactory in design, construction, location, length, width, and
configuration to Murfreesboro Fire Chief and Town Engineer.
4215. Half Streets. Half streets (i.e., streets of less than the full required right-of-way and
pavement width) shall not be permitted except where such streets, when combined with a
similar street (developed previously or simultaneously) on property adjacent to the
16
subdivision creates or comprises a street that meets the right-of-way and pavement
requirements of this ordinance.
4216. Block Standards. Block lengths, widths and areas within bounding roads shall be
such that:
i) adequate building sites, suitable to the contemplated use are provided;
ii) minimum lot dimensions as set forth in municipality zoning ordinance; and
iii) lengths between intersecting stretches do not exceed 1,200 feet or be less than 400
feet.
iv) sufficient widths are provided to allow two (2) tiers of lots except where single -tier
lots are required to separate development from through traffic, water areas, common
areas or public property.
4217. Lot Standards. Lots shall be designed such that:
i) locally designated minimum lot dimensions are met; and
ii) double frontage lots shall be avoided except where essential to provide residential
separation from through traffic or other incompatible uses.
4218. Driveways. Driveways shall be developed according to the N. C. Department of
Transportation's "Policy on Street and Driveway Access on North Carolina Highways".
(Here attached)
4219. 'Street Names and House Numbers. Street names shall be assigned by the developer
subject to the approval of the Hertford County 9-1-1 Emergency Management names and
numbers. Proposed streets that are obviously in alignment with existing streets shall be
given the same name. Newly created streets shall be given names that neither duplicate nor
are phonetically similar to existing streets within the Town's planning jurisdiction,
regardless of the use of different suffixes. Building numbers shall be assigned by the Town.
422. Classification
Streets within a subdivision shall be classed as noted in the Construction Standards
for Sub -division Roads as promulgated by N.C. Department of Transportation.
423. Street and Drainage Requirements
Streets shall be constructed with curb(s) and gutter(s) according to the Standards set
by N.C. Department of Transportation, and/or the Murfreesboro Town Engineer and
approved by the Planning Board. However, the Planning Board may permit six (6) foot -
wide shoulders and drainage swales in situations where topographic conditions make the
17
installation of curb(s) and gutter(s) impermissible and/or impractical. The shoulder(s) and
drainage swale(s) shall be approved by the Town Council or its designee.
424. Private Streets
Except as provided in this section, all lots created after the effective date of this
ordinance shall abut a public street. No final plat shall be recorded showing private streets.
425. Construction
The design and construction of all streets within the jurisdiction of this ordinance
shall be in accordance with the accepted policies of the N. C. Department of Transportation
(D.O.T.). The standards contained in the most recent edition of the D.O.T.'s "Construction
Standards for Subdivision Roads" shall apply for any items not included in this ordinance.
4251. Clearing and Grubbing_, Clearing and grubbing shall be performed to remove
stumps, brush, roots, and like material from the area of the traveled way, shoulder,
sidewalks, utility trenches, but elsewhere wherever feasible, existing vegetation shall be
protected.
4252. Gradiniz. Rights -of -way and roadways shall be graded in accordance with the
standards and specifications of the D.O.T.'s, "Minimum Construction Standards for
Subdivision Roads."
4253. Street Base. All roadways shall be improved with a base course to the required
width of the D.O.T. All construction and materials shall meet the standards and
specifications of the D.O.T.
4254. Street Surface. All streets shall be paved. The asphalt surface course shall meet the
standards and specifications of the D.O.T.
4255. Curb and Gutter. Where curb and gutter is provided, such improvements shall meet
the standards and specifications of the D.O.T.
4256. Culvert Pipe. All culvert pipe and pipe under drains shall be installed to the
standards and specifications of the D.O.T.
4257. Pavement and Right-of-way Widths. There shall be a minimum right-of-way width
of 50 feet for arterial streets and 40 feet for collector streets. The minimum street width
from back of curb to back of curb should be no less than 40 feet for arterial streets, and no
less than 30 feet for collector streets. The pavement width for streets with ditches instead of
curbs should be no less than 40 feet.
18
43. Storm Water Management
The subdivider shall provide an adequate drainage system for the proper drainage of all
surface water which complies with N.C.A.C. Title 15, Chapter 4, "Sedimentation Control" and
N.C.A.C. Title 15, 2H.1000, "Stormwater Runoff Disposal". The design of such a system shall be
subject to the approval of the N.C. Division of Land Resources.
431. Design Standards
a) To the extent practicable, all development shall conform to the natural contours of
the land and natural and pre-existing drainage ways shall remain undisturbed.
b) No surface water may be channeled or directed into a sanitary sewer.
c) Whenever practicable, the drainage system of a development shall coordinate with
and connect to the drainage systems or drainage ways on surrounding properties or
streets.
d) The minimum design frequency for storm runoff shall be 10 years for storm sewer
collection and 25 years for cross drainage (i.e., drainage facilities crossing a street).
e) Culvert outlet protection and swale erosion shall be designed based on a 10-year
storm.
fl All storm drainage structures and pipes shall be designed and constructed in
accordance with the N. C. Department of Transportation specifications.
g) If ditches are needed to lower the ground water table, piped underdrains may be
substituted, provided they are designed, manufactured, and installed in accordance
with General Accepted Engineering Standards prevailing, at the time, in Eastern
North Carolina.
44. Utilities
441. Water Supply
4411. Statement of Purpose: To reinforce compliance with the provisions set forth in the
PURPOSE declaration, Section 11, Page 1, of this ordinance. It is the goal, to the extent
this requirement would not be confiscatory, that all future development be connected to
municipal water and sewer systems.
4412. Public Supply Standards. All new subdivisions shall connect to the Town of
Murfreesboro's Public Water System if any perimeter property line is within a reasonable
distance of an existing water line. The cost of connection shall be in accordance with
Murfreesboro ordinances as amended and supplemented.
19
4413. Private Supply Standards. Where a private community water supply system is
proposed, the Preliminary Plat shall be accompanied by a letter of approval from the North
Carolina Division of Health Services. Where individual lots will be served by private wells,
this situation will be duly noted on the Preliminary and Final Plat. Wells must be located at
least 100 feet from any ground absorption system.
4414. Design and Construction.
i) Water mains shall be designed and installed accordance to the Town of
Murfreesboro specifications.
ii) Before installation, a complete set of construction plans and specifications for the
proposed system, prepared by a registered professional engineer, shall be submitted
for approval by the Planning Board or its designee and a copy submitted to the North
Carolina Division of Health Services.
iii) Water supply systems shall be approved by the Planning Board as to location and
size of mains.
iv) Water mains shall not be less than 6 inches in diameter, except that smaller mains
may be used on permanent dead-end streets upon approval of the Planning Board.
v) The Town may require installation of oversize mains when it is in the interest of
future development. The Town may pay for the portion of the improvement which
exceeds the standards of this ordinance.
442. Sewage Disposal
4421. Public Disposal Standards. All new subdivisions shall connect to the Town of
Murfreesboro's Public Sewer System if any perimeter property is within a reasonable
distance of an existing sewer line. The cost of connection shall be in accordance with
Murfreesboro ordinances as amended and supplemented.
4422. Private Disposal Standards. Where a private package treatment system is proposed,
the Preliminary Plat shall be accompanied by a letter of approval from the North Carolina
Department of Environmental Management. A land application system, rather than surface
water discharging system, is required when a private package system is proposed. Where
individual lots will be serviced by septic systems, the Preliminary Plat shall be accompanied
by documentation that the site has undergone a preliminary evaluation by the County Health
Department. The Final Plat shall be accompanied by certification that all lots intended for
development have been approved for septic tank usage.
20
4423. Design and Construction.
i) Sewer mains shall be designed and installed according to the Town of Murfreesboro
specifications.
ii) Before installation, a complete set of construction plans and specifications for the
proposed system, prepared by a registered professional engineer, shall be submitted
for approval by the Town or its designee and a copy submitted to the North Carolina
Department of Environmental Management.
iii) The Town may require installation of oversize mains when it is in the interest of
future development. The Town may pay for the portion of the improvement which
exceeds the standards of this ordinance.
443. Other Utilities
4431. Wiring. Underground wiring for electric, telephone, and cable TV is required unless
the subdivider demonstrates that underground wiring is impractical due to soil
characteristics and other local conditions.
4432. Street Li hting, All public streets, sidewalks, and other community areas or
facilities in subdivisions created after the effective date of this ordinance shall be sufficiently
illuminated to ensure the security and the safety of persons using such streets, sidewalks,
and other common areas or facilities. To the extent that fulfillment of this requirement
would normally require street lights installed along public streets, this requirement shall be
applicable only to subdivisions located within the corporate limits of the Town. The
quantity, design, and location of all lighting shall be approved by the Town.
45. Other Improvements
451. Survey
Survey, plat, monuments and control corners shall be provided in accordance with
the latest edition of the "Manual of Practice for Land Surveying in North Carolina" by the
North Carolina State Board of Registration for Professional Engineers and Land Surveyors.
452. Wheel Chair Ramps
Whenever curb and gutter construction is used on public streets, wheel chair ramps
for the handicapped shall be provided at intersections and other major points of pedestrian
flow. Wheel chair ramps and depressed curbs shall be constructed in accordance with the
published standards of the N. C. Department of Transportation.
21
453. Street Signs
Street name signs of a type and number approved by the Town shall be installed at
all street intersections.
454. Shade Trees
Shade trees shall be preserved where possible; where they do not exist, the planting
of appropriate trees is encouraged. Such trees shall be species which are resistant to damage
and disease and which do not cause interference with utilities, street lighting or visibility at
street intersections.
455. Sidewalks
As required by the Planning Board in accordance with municipal ordinances and/or
municipal policy. Alternatively, an area sufficient in size for sidewalks is to be dedicated on
the plan, which is to be recorded.
46. Other Requirements
461. Easements
4611. Utilities. Easements shall be provided where necessary along lot lines. Such
easements shall be sufficiently wide to provide for installation of such utilities and access
for maintenance.
4612. Drainage. Where a subdivision is traversed by a watercourse, drainage way,
channel, swale, or stream, or contains a water storage area or facility, there shall be provided
a storm water easement or drainage right-of-way of adequate width to conform substantially
to the lines of said feature and to provide for the possibility of flooding, protection of banks
and adjacent properties, future maintenance or construction, and other necessary purposes.
4613. Utility Boxes or Easement Appurtenances. Where utility boxes or easement
appurtenances are deemed necessary, it shall not be located directly in front of dwelling and
shall be screened by plantings blocking their view from the dwelling.
462. Clean-up
Upon completion of the work, the subdivider shall remove from the street and
adjoining property all temporary structures, debris, tree stumps, loose rocks, and surplus
materials which may have accumulated during the prosecution of the work, leaving the
subdivision in a neat and orderly condition.
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453. Street Signs
Street name signs of a type and number approved by the Town shall be installed at
all street intersections.
454. Shade Trees
Shade trees shall be preserved where possible; where they do not exist, the planting
of appropriate trees is encouraged. Such trees shall be species which are resistant to damage
and disease and which do not cause interference with utilities, street lighting or visibility at
street intersections.
455. Sidewalks
As required by the Planning Board in accordance with municipal ordinances and/or
municipal policy. Alternatively, an area sufficient in size for sidewalks is to be dedicated on
the plan, which is to be recorded.
46. Other Requirements
461. Easements
4611. Utilities. Easements shall be provided where necessary along lot lines. Such
easements shall be sufficiently wide to provide for installation of such utilities and access
for maintenance.
4612. Drainaae. Where a subdivision is traversed by a watercourse, drainage way,
channel, swale, or stream, or contains a water storage area or facility, there shall be provided
a storm water easement or drainage right-of-way of adequate width to conform substantially
to the lines of said feature and to provide for the possibility of flooding, protection of banks
and adjacent properties, future maintenance or construction, and other necessary purposes.
4613. Utility Boxes or Easement Appurtenances. Where utility boxes or easement
appurtenances are deemed necessary, it shall not be located directly in front of dwelling and
shall be screened by plantings blocking their view from the dwelling.
462. Clean-up
Upon completion of the work, the subdivider shall remove from the street and
adjoining property all temporary structures, debris, tree stumps, loose rocks, and surplus
materials which may have accumulated during the prosecution of the work, leaving the
subdivision in a neat and orderly condition.
22
Y I .
SECTION V. LEGAL PROVISIONS
51. Enforcement
511. Register of Deeds
The Register of Deeds shall not file or record a plat of a subdivision of land located
within the territorial jurisdiction of the Town of Murfreesboro 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.
512. Building Inspector
The Building Inspector(s) shall not issue any permits for construction until a
Preliminary Plat and engineering data are approved.
513. Recordation of Deed
It is a violation of this ordinance to record any deed indicating a lot on a Preliminary
or Sketch plan until a Final plat has been recorded.
52. Penalties
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 uses 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 Register of Deeds of Hertford
County, shall be guilty of a first (1') degree 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 of Murfreesboro through its attorney or
other official designated by the Town Council, may enjoin illegal subdivision, transfer or sale of
land, and the Court shall, upon appropriate findings, issue an injunction and order requiring the
offending party to comply with the Subdivision Ordinance. Further, violators of this ordinance shall
be subject, upon conviction, to fine and/or imprisonment as provided by G. S. 14-4.
53. Variance
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 Planning
Board may authorize a variance to the terms of this ordinance only to the extent that is absolutely
necessary and not to an extent which would violate the intent of the ordinance.
23
54. Amendments
The Town Council may from time to time amend the terms of this ordinance. The Town
Council shall have 30 days within which to consider amendments.
The Town Council shall schedule a public hearing on the proposed amendment within 30
days of first consideration. Such public hearings shall be advertised twice in two consecutive weeks
in a publication of local circulation, the first time not less than ten nor more than 25 days prior to the
date of the hearing. After such hearing, the Town Council may adopt, by ordinance, amendments to
this ordinance.
55. Severability
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect the validity
of the remaining provisions hereof.
56. Prior Inconsistent Ordinances
All ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are
to the extent of such inconsistency, hereby repealed.
57. 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 issued or adopted pursuant to law. However, where this ordinance imposes greater
restrictions upon the land or requires a higher standard of development, the provision of this
ordinance shall govern.
58. Effective Date
The within ordinance shall become effective immediately upon adoption, according to law,
by the Murfreesboro Town Council.
24
ORDINANCE NO.
DRAFT November 30,1998
Revised January 14,1999
Revised February 26,1999
Adopted April 27,1999
AN ORDINANCE AMENDING AND SUPPLEMENTING THE GENERAL
ORDINANCES OF THE TOWN OF MURFREESBORO, NORTH CAROLINA,
ESTABLISHING THE EXTRATERRITORIAL JURISDICTION, CREATING A
MAP DELINEATING THE EXTRATERRITORIAL JURISDICTION AND
ESTABLISHING ZONING CLASSIFICATION (S) FOR PROPERTY WITHIN
THE JURISDICTION OF THE TOWN OF MURFREESBORO,
NORTH CAROLINA
WHEREAS, Article 19 of Chapter 160A of the General Statutes of North Carolina
authorizes municipalities to adopt, administer, and enforce zoning and subdivision
regulations, building and minimum standards codes, and other related measures; and
WHEREAS, Article 19 of G.S. 160A-360 requires cities wishing to exercise
jurisdiction beyond its corporate limits with respect to those delegated municipal powers
conferred by said Article to adopt an Ordinance specifying the Extraterritorial Area by
setting forth the boundaries of such extraterritorial area by drawing the same on a map or
by written description or by a combination of map and written description; and
WHEREAS, G.S. 160A-360 permits all cities to extend their Extraterritorial
Jurisdictions beyond the corporate limits for a distance of One (1) Mile; and
WHEREAS, G.S. 160A-360 further provides that municipalities may exercise
extraterritorially any power conferred by Article 19 of Chapter 160A of the General
Statutes of North Carolina, that it is exercising within its corporate limits; and
WHEREAS, the area is to be based upon existing or projected urban development
and areas of critical concern to the municipality evidenced by the officially adopted plans
for its development, and is to be defined, to the extent feasible, in terms of geographic
features identifiable on the ground, with the exceptions that the municipality may, at its
discretion, exclude from such extraterritorial jurisdiction areas lying in another county,
areas separated from the city by barriers to urban growth, areas whose projected
development will have little impact upon the city and areas where the extraterritorial
jurisdiction of two of more municipalities overlaps, and the jurisdictional boundary
between them is a line connecting the midway points of the overlapping area or another
boundary line within the overlapping area based upon existing or projected patterns of
development and mutually agreed upon by the municipal bodies; and
RECEIVED
AUG 11 1999
- 1 - COASTAL MANAGEMENT
WHEREAS, the Town Council of the Town of Murfreesboro deems it to be in the
public interest and beneficial to the public health, safety, and welfare to exercise certain
powers authorized by Article 19 of Chapter 160A in the extraterritorial jurisdiction
surrounding the municipality,
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF MURFREESBORO, NORTH CAROLINA:
SECTION 1. The Town of Murfreesboro hereby establishes boundaries for the
extraterritorial enforcement of the following ordinances: zoning ordinance, subdivision
regulations, North Carolina Building Code, minimum housing standard code, Municipal
Planning Board, and Municipal Board of Adjustment.
SECTION 2. Said boundaries are defined as follows:
Lying within One (1) Mile of Murfreesboro's Town Limits and being in
Hertford County, North Carolina, more particularly described as follows:
Beginning at the northwest corner of Parcel number 5948-96-2976 at the County
Line in an easterly direction following the northern property line of Parcel number
5948-96-2976 to the northeast corner of said Parcel; thence from said point in a
south/southeasterly direction following the eastern property line of Parcel number
5948-96-2976 to the southeast corner of said Parcel; thence from said point in a
northerly direction following the eastern property line of Parcel number
5948-88-9424 to the southwest corner of Parcel number 5959-00-7468; thence
from said point in an easterly direction following the southern property line of
Parcel number 5959-00-7468 and Parcel number 5959-10-4383 to the southeast
corner of Parcel number 5959-10-4383 at the right-of-way of SR 1300; thence from
said point in a southerly direction following the right-of-way of SR 1300 to the
intersection of SR 1300 and SR 1301; thence from said point in a northeasterly
direction following the right-of-way of SR 1301 to the southern property line of
Parcel number 5959-23-1006; thence from said point in a southeasterly direction
following the southern property line of Parcel number 5959-23-1006 to the
southern corner of said Parcel; thence from said point in a northeasterly direction
following the southeastern property line of Parcel number 5959-23-1006 to the
right-of-way of SR 1302; thence from said point in a southeasterly direction
following the right-of-way of SR 1302 to the northeast corner of Parcel number
5959-50-8520; thence from said point in a easterly direction following the northern
property line of Parcel number 5959-80-5585 to the northeast corner of said Parcel
at the Meherrin River; thence from said point in a northwesterly direction following
the Meherrin River to the property line of Parcel number 5969-23-3391; thence
from said point in a northeasterly direction following the property line of Parcel
number 5969-23-3391 for a distance of 1,600 feet; thence from said point in an
east/southeasterly direction to the extreme northern corner of Parcel number 5969-
-2-
32-5185; thence from said point in a southeasterly direction following the
northeastern property line of Parcel number 5969-32-5185 to the property line of
Parcel number 5969-41-9368; thence from said point in an easterly direction
following the northern property line of Parcel number 5969-41-9368, Parcel
number 5969-51-7674, Parcel number 5969-61-1773, Parcel number 5969-61-
3820, Parcel number 5969-61-3884, and Parcel number 5969-61-4858 to the
northeastern corner of parcel number 5969-61-4858; thence from said point in a
southeasterly direction following the northeast property line of Parcel number
5969-61-4858 to the right-of-way of US Hwy 258; thence from said point in a
northeasterly direction following the right-of-way of US Hwy 258 to the extreme
eastern corner of Parcel number 5969-52-0720; thence from said point in a
southeasterly direction following the southern property line of Parcel number 5969-
82-0184 to the extreme southern corner of said Parcel; thence from said point in an
easterly direction cutting across Parcel number 5969-80-9706 to a point located on
the northeastern property line of said Parcel approximately 1,200 feet southeast of
the extreme northern corner of said property; thence from said point in a southerly
direction following the eastern property line of Parcel number 5969-80-9706 to the
center of the Meherrin River; thence from said point in an easterly direction for
approximately 138 feet along the center of the Meherrin River; thence from said
point in a southerly direction cutting across Parcel number 5978-17-0594 for
approximately 3,950 feet to the northeast corner of Parcel number 5978-14-3362;
thence from said point in a westerly direction following the northern property line
of Parcel number 5978-14-3362 to the northeast corner of Parcel number 5978-14-
0266; thence from said point in a westerly and then southerly direction following
the northern and western property line of Parcel number 5978-14-0266 to the
northeast corner of Parcel number 5978-03-7488; thence from said point in a
westerly direction following the northern property line of Parcel number 5978-03-
7488 to the northwest corner of said Parcel; thence from said point in a southerly
direction following the western property line of Parcel number 5978-03-7488 to the
southwest corner of said Parcel; thence from said point in a westerly direction
following the right-of-way of SR 1344 to the intersection of the right-of-ways of
said road and SR 1303; thence from said point in a west/southwesterly direction to
the right-of-way of SR 1303 at a point approximately 1,650 feet from the
intersection of SR 1303 and US Hwy 158; thence from said point in a
west/southwesterly direction following the right-of-way of SR 1303 to the
intersection of said road and US Hwy 158; thence from said point in a southeasterly
direction following the right-of-way of US Hwy 158 to the intersection of US Hwy
158 and US Hwy 158 Bypass; thence from said point in a southwesterly direction
cutting across Parcel number 5967-69-7087 for approximately 3,300 feet to the
northwest corner of Parcel number 5967-76-4221; thence from said point in a
southerly direction following the eastern property line of Parcel number 5967-56-
1821 to the southeast corner of said Parcel; thence from said point in a westerly
direction following the southern property line of Parcel number 5967-56-1821 to
the eastern corner of Parcel number 5967-45-2350; thence from said point in a
southwesterly direction following the southern property line of Parcel number
5967-45-2350 to the southwest corner of said Parcel at the right-of-way of SR
-3-
1188; thence from said point in a westerly direction following the southern
property line of Parcel number 5967-45-2350 to the southeast corner of Parcel
number 5967-24-6874; thence from said point in a westerly direction following the
southern property line of Parcel number 5967-24-6874 to the right-of-way of NC
Hwy 11; thence from said point in a northwesterly direction following the right-of-
way of NC Hwy 11 to the intersection of the right-of-way of said road and the
right-of-way of SR 1188; thence from said point in a westerly direction following
the southern property line of Parcel number 5967-07-5537 and Parcel number
5957-96-7675 to the southwest corner of Parcel number 5957-96-7675; thence
from said point in a westerly direction following the northern property line of
Parcel number 5957-95-1704 to the northwest corner of said Parcel; thence from
said point in a southerly direction following the eastern property line of Parcel
number 5957-75-6700 to the southeast corner of said Parcel; thence from said point
in a west/southwesterly direction following the southern property line of Parcel
number 5957-75-6700 to the right-of-way of SR 1160; thence from said point in a
west and then a northwesterly direction following the property line of Parcel
number 5957-65-7815 to the northeast corner of Parcel number 5957-55-3497;
thence from said point in a westerly direction following the northern property line
of Parcel number 5957-55-3497 to the northwest corner of said Parcel; thence from
said point in a west/southwesterly direction for a distance of 973 feet to the
property line of Parcel number 5957-35-4350; thence from said point in
west/northwesterly direction following the property line of Parcel number
5957-35-4350 to the northwest corner of said property; thence from said point in a
southwesterly direction following the northwest property line of Parcel number
5957-35-4350 for a distance of 659 feet; thence from said point in a
west/northwesterly direction to the right-of-way of SR 1182; thence from said point
in a northerly direction for a distance of 414 feet to the southeast corner of Parcel
number 5957-16-3771; thence from said point in a northerly direction following the
eastern property line of Parcel number 5957-16-3771 to the northeast corner of said
Parcel; thence from said point in a westerly direction following the northern
property line of Parcel number 5957-16-3771 to the northwest corner of said
Parcel; thence in a northerly direction following the eastern property line of Parcel
number 5947-96-5169 to the northeast corner of said Parcel; thence from said point
in a northwesterly direction cutting through Parcel number 5957-08-8732 for
approximately 1720 feet to the northeast corner of Parcel number 5947-98-3655;
thence from said point in a northwesterly direction cutting through Parcel number
5947-99-4558 for approximately 1155 feet to the southeast corner of Parcel number
5947-89-8747; thence from said point in a westerly direction following the
southern property line of Parcel number 5947-89-8747 to the southwest corner of
said Parcel; thence from said point in a northerly direction following the western
property line of Parcel number 5947-89-8747 to the right-of-way of SR 1539;
thence from said point in a generally northerly direction following the Hertford
County Line to the northwest corner of Parcel number 5948-96-2976 otherwise
known as the point of beginning.
-4-
This description was prepared on November 30`h, 1999, revised January 14, 1999,
revised February 26, 1999, by the Mid -East Commission for the Town of
Murfreesboro using existing Hertford County tax records. This description is
supplemented by a map entitled "Town of Murfreesboro Extraterritorial
Jurisdiction" (11/30/98), revised (1/14/99), revised (2/26/99), adopted (4/27/99)
attached, outlining the area to be brought into Murfreesboro's jurisdiction.
SECTION 3. All properties within the proposed Extraterritorial Jurisdiction are to
be zoned R-20, as shown on the map. Prepared in accordance with this ordinance.
SECTION 4. The official copy of this Ordinance and Map shall be on file in the
Office of the Town Clerk for public inspection during normal business hours. The Town
Clerk shall cause a certified true copy of this Ordinance and Map and any subsequent
amendments to be recorded in the Office of the Register of Deeds of the County of
Hertford.
SECTION 5. If any section, subsection, sentence clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction such portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining provisions hereof.
SECTION 6. All ordinances or parts of ordinances of the Town of Murfreesboro,
which are in conflict herewith, are hereby repealed to the extent of such conflict.
Mayor
SECTION 7 This ordinance shall have full force and effect from and after
1999.
ADOPTED this day of '1999.
Clerk
-5-
Town of Murfreesboro
North Carolina
N
Eel
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Extraterritorial
Jurisdiction
(ETJ) Map
MAN
ICI
S
County Line
Property Lines
Town Limits
/\\/ Extraterritorial Jurisdiction
EjV
Eon
AUG l 11999
COASTAL MANAGEMENT
0.25 0 0.25 0.5 0.75 1 1.25 Miles
MID -EAST
Prepared by:
Mid -East Commission
Planning Department
PO Box 1787
Washington, NC 27889
(252) 946 - 8043
Executive Director: Robert Paciocco
Planning Director: Joseph G. Dooley
Planner: Berry Gray
November 30, 1998
Revised January 14, 1999
Revised February 26, 1999
Adopted April 27, 1999
The prepartation of this map 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.
This map represents a compilation of information from multiple sources, and
at different scales, which may result in inconsistencies among the features
represented on this map. The Mid -East Commission assumes no responsibility
for the accuracy of the source information.