Subdivision Regulations-1989

Draft
own of Navassa
Subdivision Regulations
1
1
1989
1
Technical Assistance
Howard T. Capps d? Associates
Landscape Architect • Land Planner
Wilmington, North Carolina
i
The preparation of this document was financed in
part through a grant provided by the North Carolina
Coastal Management Program, through funds prov;ded
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.

NAVASSA, NORTH CAROLINA
SUBDIVISION ORDINANCE
ARTICLE I
TITLE AND PURPOSE
1. TITLE
t
This Ordinance shall be known and may be cited as the Subdivision
Ordinance for the Town of Navassa, North Carolina, and may be referred
to as the Subdivision Ordinance.
2. PURPOSE
The purpose of this Ordinance is to establish procedures and standards
for tho drvr-lnpmrnt- and-ndilivi.-Ooll of 1n11d within lhf• lvrr;Pciri:ll •jnri:�
diction of the Town of Navassa. It is further designed to provide for
the orderly growth and development of the Town of Navassa; for the coordi-
nation of streets and highways within proposed subdivisions. with existing
or planned streets and highways and with other public facilities such as
water, sewer and drainage lines; for the dedication or reservation of
recreation areas serving residents of the immediate neighborhood within the
subdivision and of rights -of -way or easements for street and utility pur-
poses; 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 for water, sewerage,
parks, schools, and playgrounds, and also facilitate the further resubdivision
of larger tracts into smaller parcels of.land.
ARTICLE II
AUTHORITY AND JURISDICTION
1. AUTHORITY
This Ordinance is hereby adopted under the authority and provisions
of the General Statutes of North Carolina, Chapter 160A, Article 19,
Part 2.

2. JURISDICTION
The regulations contained herein shall govern -each and every sub-
division of land within the Town of Navassa as provided in N.C.G.S. 160A,
Article 19, including any established extraterritorial areas of the Town
of Navassa.
ARTICLE III
' PREREQUISITE TO PLAT RECORDATION AND APPROVAL OF PUBLIC SERVICES
1. PREREQUISITE TO PLAT RECORDATION
After the effective date of this Ordinance, each individual subdivision
' plat of land within the jurisdiction of the Town `of .Navassa shall be
approved by the Town of Navassa Planning Board in accordance with the pro-
cedures for submission and approval as set forth herein.
2. APPROVAL OF PUBLIC SERVICES
No construction permits shall be issued, nor shall water, or other
Town facilities or services be extended to or connected with any Subdivision
for which a plat is required to be approved unless, and until, such final
plat has been approved by the Town of Navassa Planning Board and recorded
in the Office of the Brunswick County Register of Deeds.
ARTICLE IV•
LEGAL PROVISIONS
1. ADMINISTRATION
' The Town of Navassa Planning Board shall be the administrator of
this Ordinance. The Town of Navassa Planning Board shall be responsible
for plat approvals and any other duties consistent with the administration
of this Ordinance. The Board shall report any violations of any provisions
of this Ordinance of which it is aware to the Town Council of the Town
of Navassa with its recommendations to prevent and remedy such violations.
,3. PROCEDURE FOR PLAT APPROVAL AND RECORDING
iAfter the effective date of this Ordinance, no subdivision plat of

land within the jurisdiction of the Town of Navassa shall be filed or
recorded until it has been submitted to and approved by the Town of Navassa
Planning Board as set forth in Article III, Section 1 of this Ordinance,
and until this approval is entered in writing on the face of the plat by
the Chairman, Vice Chairman, or their official designee. .
The Register of Deeds shall not file or record a plat of subdivision
of land located within the territorial jurisdiction of the Town of -Navassa
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.
3. ENFORCEMENT
A. Register of Deeds -- After the effective date .of this Ordinance
the Register of Deeds of Brunswick County shall not permit the recordation of
any subdivision plat of land unless such plat has been submitted to and
approved by the Town of •Navassa-Planning Board in accordance with the
provisions of this ordinance. After the effective date of this Ordinance
the Brunswick County Register of Deeds.shall not permit the recordation of any
deed of land transfer until a map group and parcel number has been assigned
to the parcel of land for which the deed was drawn by the Brunswick County Tax
Supervisor's Office and such number is indicated on the deed.
B. County Tax Supervisor -- After the effective date of this Ordinance
the Brunswick County Tax Supervisor shall not issue any (map group) parcel
numbers unless the parcel to which the number is to be assigned is (a)
depicted on subdivision final plat that is recorded in the office of the
Register of Deeds of Brunswick County, before the effective date of this
Ordinance; (b) that has been approved by the Town of Navassa Planning
Board; or (c) the final plat is stamped "No Approval Required" and signed
by the Clerk to the Town of Navassa Planning Board in accordance with the
provisions of this Ordinance.
4. PENALTIES FOR VIOLATION
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, 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 land before the plat has
been properly approved under the terms of this Ordinance and recorded
in the Office of Brunswick County Register of Deeds, shall be guilty of a
misdemeanor. The description of a parcel of land bounds, as distinguished
from description by reference to a plat, as 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 Navassa through

its attorney or other official designated by the Town Council of the
Town of Navassa, may enjoin illegal subdivision, transfer or sale of land
by action for injunction. Further, violators of this Ordinance shall be
subject, upon conviction, to fine and/or imprisonment as provided by
N.C.G.S. 14.4.
5. EFFECT OF PLAT APPROVAL, ON DEDICATIONS
The approval of a plat pursuant to this Ordinance shall not be deemed
to constitute or effect the acceptance by the Town of.Navassa of the
dedication or maintenance of any street or other land area, public utility
line,.or other public facility shown on the plat. Acceptance of the dedi—
cation or maintenance of any such facility shall require a resolution of
acceptance and/or maintenance by the Town Council of the Town of
Navassa.
6. 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.
7. 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 of the Town of Navassa
may, upon recommendation of the Town of Navassa Planning Board, 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.
8. AMENDMENTS
The Town Council of the Town of Navassa 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
Town of Navassa Planning Board for review and recommendation. The Planning
Board shall have thirty (30) days within which to submit its report. If the
Planning Board fails to submit a report within the specified time, it shall
be deemed to have approved the amendment.

1 9. ABROGATION
It is not intended that this Ordinance repeal, abrogate, annul, impair
or interfere with any existing easements, convenants, deed restrictions,
agreements, rules, regulations or permits previously adopted or issued pur-
suant to law. However, where this Ordinance requires higher standards, the
provisions of this Ordinance shall govern.
10. EFFECTIVE DATE
' This Ordinance shall take effect and be in force from and after the
I
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day of ,
Duly adopted by the Town Council of the Town of Navassa on this
day of ,
ATTEST:
ARTICLE V
COMPLIANCE WITH OFFICIAL PLANS
1. THOROUGHFARE PLANS
Where a proposed subdivision includes any part of a proposed thorough-
fare which has been designated as such on an officially adopted Thoroughfare
Plan for the Town of Navassa, all parts of such thoroughfare shall be
' platted by the subdivider in the location shown on the Plan and at the
right-of-way width specified in this Ordinance.
2. ZONING ORDINANCES
Where a proposed subdivision is located in an area in which the Town
Council of the Town of Navassa has adopted a Zoning Ordinance and Zoning
Map, said subdivision must comply in all respects with the requirements of
the Zoning Ordinance.
IM

ARTICLE VI
PROCEDURES FOR REVIEW AND REQUIREMENTS FOR
APPROVAL OF SUBDIVISION PLATS
1. PROCEDURE FOR REVIEW
' A. Preliminary Plat
The subdivider or his authorized agent shall submit three copies
of the preliminary plat, and any supplementary materials, to the
Town of Navassa Planning Board at least fourteen (14) days prior
to a regular meeting of that Board.
' At the next regularly scheduled meeting of the Town of Navassa
Planning Board that follows at least fourteen (14) days after the
plat is submitted, the Planning Board shall review the preliminary
plat for compliance with the requirements of this Ordinance and
Zoning Ordinance.
If the preliminary plat meets the requirements of this Ordinance
and is approved, the approval stamp of the Town of Navassa Planning
Board shall be placed on at least two (2) copies of the preliminary
plat and shall be signed by the Chairman or Vice Chairman of the
Town of Navassa Planning Board. One stamped and signed copy of the
preliminary plat shall be returned to the subdivider or his authorized
agent and a copy shall be retained as an official record of the Town
of Navassa Planning Board.
If the preliminary plat does not meet the requirements of this
Ordinance and is disapproved, the Town of Navassa Planning Board
shall state its reasons for disapproval. One copy of these reasons
for disapproval shall be forwarded to the subdivider or his authorized
agent, and one copy shall be retained as an official record of the
Town of Navassa Planning Board.
If the preliminary plat is disapproved, the subdivider may correct
the deficiencies noted in the reasons for disapproval and submit
a revised preliminary plat.
B. Improvements
Upon approval of the preliminary plat by the Town of Navassa
Planning Board, the subdivider may proceed with the preparation
of the final plat, and the installation or arrangement for required
improvements in accordance with the approved preliminary plat and
the requirments of this Ordinance
Prior to the approval of a final plat by the Town of Navassa
Planning Board, the subdivider shall have installed those improvements

specified in Article VII of this Ordinance or shall have guaran-
teed their installation as provided in Article VII of this
Ordinance.
C. Final Plat
Upon installation or arrangement of the required improvements, the
subdivider shall submit a final plat, so labeled, to the Town of
Navassa Planning Board not more than twelve (12) months after the
date on which the preliminary plat was approved. If a final plat
is not submitted within a twelve.(12) month time period, the pre-
liminary plat approval shall be null and void, and the preliminary
plat must be submitted in accordance with Section B above.
' No final plat shall be approved unless and until the subdivider has
installed in that area, represented on the final plat, all improvements
required in Article VII of this Ordinance. A'final plat may include
the total or portions of the area included on the approved preliminary
' plat. Any and ail such portions must fully comply with the require-
ments for approval of a final plat as set forth in this Ordinance.
The Town of Navassa Planning Board shall review the final plat for
consistency with the approved preliminary plat and for compliance
with the requirements for final plats as set forth in this Article.
The Planning Board shall, through on -site inspection, insure that
those improvements required have been installed in accordance with
Article VII of this Ordinance.
I When the final plat is found to be consistent with the approved pre-
liminary plat and to contain the required information and materials,
the Chairman of the Town of Navassa Planning Board shall place the
stamp of approval of the Planning Board and his/her signature on the
final plat. The stamp of approval and the signature of the Chairman
of the Planning Board shall consititute approval of the final plat.
2. REQUIREMENTS FOR APPROVAL OF SUBDIVISION PLATS
S
A. Preliminary Plat
1. Number of Copies and Graphic Media
A minimum of three (3) copies of the preliminary plat shall be
submitted. No specific graphic media must be employed.
2. Scale
Preliminary plats shall be prepared at a scale of one (1) inch
equals one hundred (100) feet, one (1) inch equals two hundred
(200) feet, or one (1) inch equals fifty (50) feet.

3.
Plat Preparation
It is not required that the preliminary plat be prepared by a
registered land surveyor. The subdivider or another individual
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may prepare this plat so long as it meets the requirements as
specified in this Ordinance.
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4.
Certificate of Proposed Utilities
Preliminary plats shall be accompanied by a letter from the
County Health Director (or designee) stating that the proposed
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utility system(s) (water acquisition and sewage disposal) would
feasibly meet existing adopted standards for minimum health
safety. In the case-of.a situation in which the proposed utility
system(s) does not come under the regulatory authority of the
County Board of Health, such certification (letter) must be
provided by the North Carolina Division of Environmental Manage-
ment or appropriate State agency. Any Major Subdivision Plat
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(or portion thereof) not receiving this certification shall be
affixed with the below notation (on the final plat) prior to
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receiving the Town of Navassa Planning Board Stamp of Approval:
NOTE:
The water/sewerage system(s) for this parcel(s) has not
received County Health Department/N.C. Division of Environmen-
tal Management certification for meeting minimum health
standards. Such certification must be obtained prior to the
use of this parcel(s) for human habitation.
'
5.
Certification of Proposed Public Streets
Preliminary plats shall be accompanied by a letter from the
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North Carolina Department of Transportation, Division of Highways,
District Engineer, stating that all proposed streets intended for
public use meet minimum design standards for subdivision streets
as set forth by the State Secondary Roads Council, in accordance
'
.
with N.C.G.S. 136-102.6(c).
6.
Certification of Proposed Drainage Systems
Preliminary plats shall be accompanied by a letter from the
District Conservationist (or designee) of the Brunswick Soil and
Water Conservation District stating that proposed drainage system
would provide effective drainage of the area in the proposed
subdivision and providing any current soils information available
for the property being divided.
7. Contents Required
The preliminary plat shall depict or contain the following
information:

UI
a. Name of the proposed subdivision and name, address, and
telephone number of the owner of the proposed subdivision;
b. Name of the designer of the proposed subdivision;
c. Name of the county, township and state in which the proposed
subdivision is located;
d. A sketch or vicinity map (with scale and north arrow) .
depicting.the surrounding area including the distance from
a proposed property corner to the intersection of two
State maintained roads (in lieu of the intersection of two
State maintained roads, a bridge, culvert or other permanently
fixed point and a State maintained road may be utilized);
e. Approximate corporate boundaries, township boundaries and
county lines as appropriate;
f. Date of plat preparation;
g. North arrow with approximate indication whether true grid
or magnetic;
h. Scale indicated in words or numbers and a bar graph;
i. Length of all existing and proposed property lines 'including
the boundaries of all lots being created by the division;
j. The total number of lots being created by the division and the
minimum lot size, lots numbered consecutive and block numbers
if applicable; ,
k. Approximate location of existing roads, water courses, marshes,
swamps, ponds or lakes, railroads, bridges, culverts, storm
drains and drainage ditches;
1. Names of owners of adjoining properties and recorded plats;
m. Description of the proposed utility systems (water, sewage);
i.e, on -site well and'septic tank, community water and/or
sewerage system, public water and/or sewerage system, etc.;
n. Proposed drainage systems with an indication,of any provisions
that are proposed for perpetual maintenance of these systems;
o. Location of. proposed streets, existing and platted streets on
,adjoining properties and in the proposed subdivision, right-of-
way for streets, pavement widths.
NOTE: If any street is proposed to intersect with a State
maintained road, the preliminary plat shall be accom-
panied by an application for driveway approval as

'
required by the Department of Transportation, Division
of Highways Manual on Driveway Regulations;
p. All streets designated as either "Public" or "Private";
q. Site calculations including: 1) acreage in total tract
being subdivided; 2) acreage in proposed parks and other non-
'
residential use; 3) Linear feet in proposed streets;
r. Proposed location and size of parks, school sites, or other
recreational or open spaces, if any, and their future ownership
(dedication for public use to governmental body, for property
owners` use to duly consitituted homeowners or community
association or for tenants with property remaining in subdivider's
ownership);
s. Any proposed natural buffers; pedestrian, bicycle or other
rights —of —way; utility, drainage or other easements; their
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location and width and purpose;
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t. Any other information considered by either the subdivider or
the Town of Navassa Planning Board to be pertinent to the
review of the preliminary plat;
u. Present zoning classification.
B. Final Plat
1. Maintenance Guarantee
'
The Town of Navassa Planning Board shall secure for all sub—
dividers a letter in which said subdivider shall agree to maintain
any, required improvements located within said subdivision including
roads, drainage ditches, water and sewer systems (where applicable
and any ditches dug in connection with the installation of such
improvements). Such letter shall be binding on the subdivider
for a period of one year after satisfactory installation of
'
required improvements.
2. Plat Prepared
'
The final plat shall be prepared by or under the supervision of
a land surveyor licensed and registered to practice in the State
of North Carolina.
'
3. Number of Copies and Graphic Media
' A minimum of three (3) copies of the final plat shall be submitted
to the Town of Navassa Planning Board for approval; one of these
shall be drawn in ink on reproducible material (reproducible by
traditional ozalid process), including an original drawing on

I
vellum paper, linen, mylar.or other transparent material or a
sepia copy. The other two copies may be submitted as a black -
line or photocopy.
4. Scale
Final plats shall be prepared at a scale of one (1) inch equals
one hundred (100) feet or one (1) inch equals two hundred (200)
feet, or one (1) inch equals fifty (50) feet.
5. Certification Required
The following signed certificate shall appear on all copies of
the final plat which are submitted to the Town of Navassa
Planning Board for approval:
a. Certificate of Dedication and Ownership
"The undersigned hereby acknowledge(s) that the land.
shown on this plat is within the subdivision regulation
jurisdiction of the Town of Navassa and that this plat
and allotment is my (our) free act -and deed.
Owner's Signature
6. Contents Required
The final plat shall depict and contain all of the information
required in the preliminary plat (Article VI, Section 2,.Sub-
section B). In addition, the.final plat shall depict or contain
the following information:
a. 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, and setback
line, including dimensions, bearings, 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 one -tenth of a foot and all angles to
the nearest minute;
b. The accurate locations and descriptions of all monuments,
markers, and central points;
c. A statement signed by the land surveyor who prepared the
final plat or under whose supervision it was prepared indicating
the source of the information depicted on the plat (whether
actual survey or from recorded deeds). The signature on this
statement shall be certified as true by a Notary Public or
Clerk of Superior Court;

d. North arrow with indication whether true or magnetic, and date
'
of magnetic reading;
e. Length and bearing of all existing and proposed property lines;
f. Accurate site calculations: 1) acreage in total tract being
subdivided, 2) acreage in proposed parks and other non-residen-
tial use, 3) linear feet in proposed streets;
g. Statement of ownership as shown,in item #5 above.
ARTICLE VII
'
REQUIRED IMPROVEMENTS AND
MINIMUM STANDARDS OF DESIGN FOR.SUBDIVISIONS
1. REQUIRED IMPROVEMENTS
.'
Each subdivision within the jurisdiction of this Ordinance shall contain
the following improvements:
A.
Graded streets.
B.
Adequate drainage system.
C.
Installation of water distribution and sewerage collection lines
within the subdivision and connection to a county or municipal water
and/or sewerage system where a county or municipal system exists
adjacent to the subdivision or the property being subdivided.
'
D.
Street name markers.
E.
MonumeAts as required by the North Carolina General Statutes Chapter 39,
'
Article 5; and in addition, two consecutive property corners shall be
marked with permanent markers, said markers shall be of concrete,
four (4) inches in diameter, thirty (30) inches in length, and set a
minimum of twenty-four (24) inches into the ground.
' 2. DESIGN STANDARDS
A. Design standards for streets
' 1.' All proposed public streets in any subdivision within the'
jurisdiction of this Ordinance shall be constructed so as to
meet the minimum construction design standards established by
' the Department of Transportation with regard to subdivision
street design.

2. Reserve strips
Reserve strips shall be prohibited.
3. Marginal access streets
Where a tract of land to be subdivided adjoins an existing State
maintained road, the subdivider may be required to provide a
marginal access street parallel to the State 'maintained road, or
reverse frontage on a subdivision street to be developed adjacent
to the State maintained road. Where reverse frontage is established,
private driveways shall be prevented from having direct access
to the expressway.
4. Street name markers
All subdivision streets shall be named and street name markers
shall be installed in the subdivision.
5. Half streets
Half streets shall be prohibited.
6. Cul-de-sac
Permanent deadline streets shall not exceed five hundred (500)
feet in length unless necessitated by topography and shall be"
' provided with a turn -around having a minimum right-of-way radius
of fifty (50) feet, a minimum stabilized surface radius of
thirty-five (35) feet.
' 7. Tangent .
A.tangent of at least one hundred (100) feet shall be provided
■ between reverse curves on all subdivision streets.
B. Design Standard for Blocks
' 1. General -- The lengths, width, and shapes of blocks shall be
determined with due regard to: provision of adequate building
sites suitable to the special needs of the type of use contemplated;
' zoning requirements as to lot sizes and dimensions; needs for
vehicular and pedestrian circulation, control and safety of street
traffic; limitations and opportunities of topography; and conven-
ient access to water areas.
2. Block Length -- Blocks shall not be less than four hundred (400)
nor more than thirteen hundred twenty (1,320) feet in length.
■
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3. Block Width -- Blocks shall have sufficient width to allow two
(2) tiers of lots minimum depth except where single -tier lots
are required to separate residential development from through
' vehicular traffic or another type of use, or when abutting a
water area.
C. Design Stardards for Storm Water Drainage
'
The subdivider shall provide an adequate drainage system for the
proper drainage of all surface water. The design of such a system
shall be certified by the Brunswick County Soil and Water Conservation
'
District as herein before required.
D. Placement of Monuments
In accordance with Chapter 39, Article 5A of the North Carolina General
Statutes, permanent markers shall be placed at one or more corners of
the subdivision to be designated as "control corners." In addition,
'
permanent markers shall be placed at the intersection of centerlines,
offset lines, points of curvature or other control points within or on
the right-of-way lines of two or more streets. The permanent markers
'
shall be of such material and affixed to the earth in such a manner as
to insure as great a degree of permanence as is reasonably practical.
'
E. Design Standards
1. General Design
'
All major subdivisions shall be designed so as to minimize flood
damage to any lots, buildings or other facilities within the
development.
2. Utilities
a. 'All utilities in a subdivision including water systems,
'
sewerage systems, gas lines, and electrical distribution
facilities shall be designed and constructed so as to
minimize flood damage to those facilities.
b. All water supply and sewerage systems within a proposed
minor subdivision shall be designed so as to eliminate
'
infiltration of flood waters into the systems and eliminate
discharges from the systems into flood waters.
' c. Any on -site waste disposal system shall be located so as
to avoid impairment of the system or contamination from the
system during flooding.
' d. Utility (electric and telephone) poles and any other similar
facilities shall not be placed closer than one (1) foot to
the corner of any property so as to facilitate surveying and
' prevent the destruction of survey markers.
3