HomeMy WebLinkAboutSubdivision Regulations-2000SUBDIVISION REGULATIONS
DCM COPY DCM COPY
lease do not remove!!!!!
Division of Coastal Management
Town of Richlands
Onslow County, North Carolina
November 21, 2000
Acknowledgment
The preparation of this document was financed, in part, through a grant provided by
the North Carolina Coastal Management Program, through funds provided by the
Coastal Zone Management Act of 1972, as amended, which is administered by the
Office of Ocean and Coastal Resource Management, National Oceanic and
Atmospheric Administration.
--Approved by the Planning Board for submission to Town Board on July 31, 2000.
--Town Board set a date for the Public Hearing on September 12, 2000.
--Public Hearing Held on November 21, 2000.
--Adopted November 21, 2000/Effective upon adoption.
I
I'
or
e
Town of Richlands
106 North Wilmington Street
P. O. Box 245
Richlands, NC 28574
910-324-3301/324-2324 (fax)
Board of Aldermen
Marvin Trott, Mayor
James Morgan
Tom L. Brown
Donnell Jarman
Stephen Marshburn
Randy Beckelheimer
Planning Board
Gene Sanders, Chairman
Sheri Branham, Secretary
Fletcher Rhodes
Al Bruinton
Jeff Clark
Mark Cavanaugh, Alternate
Town Administrator
Gregg R. Whitehead
Town Clerk
Eva C. Brown
Town Attornex
Lynn Colemann
Technical Assistance Provided By
The Rhett Company
P. O. Box 7512
Wilmington, North Carolina 28406
(910) 458-9557
hsr@wilmington.net
1
1
TABLE OF CONTENTS
ARTICLE I.
DEFINITIONS ...............................................
1
Section 101.
Section 102.
Subdivision Defined ...........................................
Other Definitions ............................................
1
1
Section 103.
Word Interpretation .............................................
6
ARTICLE II.
LEGAL PROVISIONS .........................................
7
Section 201.
Section 202.
Title...................................
Purpose . ....................
7
7
Section 203.
Authority.....................................................
7
Section 204.
Section 205.
Jurisdiction ...............
Prerequisite to Plat Recordation .
7
7
Section 206.
Acceptance of Streets ...........................................
7
i
Section 207.
Thoroughfare Plan ...........................................
8
Section 208.
School Sites on Land Use or Comprehensive Plan .....................
8
Section 209.
Zoning and Other Plans .........................................
8
ARTICLE III.
LEGAL PROVISIONS .......................................
8
Section 301.
General Procedure for Plat Approval ...............................
8
Section 302.
Statement by Owner ............................................
9
ection 303.
Section 304.
Effect of Plat Approval on Dedications ..............................
Penalties for Violation ..........................................
9
9
ection 305.
Separability .................................................
10
Section 306.
Section 307.
Variances .................................................
Amendments .................................................
10
10
Section 308.
Abrogation .................................................
11
Section 309.
Section 310.
Effective Date .............................................
Adoption .................................................
11
11
Section 311.
Administrator.................................................
11
ARTICLE IV.
PROCEDURE FOR REVIEW AND APPROVAL OF
SUBDIVISION PLATS ........................................
11
A
Section 401.
Plat Shall Be Required on Any Subdivision of Land ...................
11
Section 402.
Approval Prerequisite to Plat Recordation ...........................
12
Section 403.
Procedures for Review of Major and Minor Subdivisions ................
12
Section 404.
Procedure for Review of Minor Subdivisions .........................
12
Section 405.
Sketch Plan for Major Subdivisions ................................
17
Section 406.
Preliminary Plat Submission and Review ............................
18
Section 407.
Final Plat Submission and Review ..................................
20
rSection
Section 408.
409.
Information to be Contained in or Depicted on Preliminary and Final Plats ..
Recombination of Land ..........................................
27
33
Section 410.
Resubdivision Procedures .........................................
34
ARTICLE V. REQUIRED 110PROVEMENTS, DEDICATION,
RESERVATION, MINIMUM STANDARDS OF
DESIGN.................................................... 34
Section 501. General ................................................. 34
Section 502.
Suitability of Land ............................................
34
Section 503.
Name Duplication .............................................
35
Section 504.
Subdivision Design ............................................
35
Section 505.
Streets ......................................................
37
Section 506.
Utilities......................................................
43
Section 507.
Buffering, Recreation and Open Space Requirements ...................
45
Section 508.
Other Requirements .............................................
46
U
i
ARTICLE I
DEFINITIONS
Section 101. "Subdivision Defined"
For the purposes of this ordinance, "subdivision" means all divisions of a tract or
parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or
building development (whether immediate or future) and shall include all divisions of land
involving the dedication of a new street or a change in existing streets; but the following shall
not be included within this definition nor be subject to any regulations enacted pursuant to this
ordinance.
a) The combination or recombination of portions of previously subdivided and
recorded lots where the total number of lots is not increased and the resultant
lots are equal to or exceed the standards of the municipality as shown in this
ordinance;
b) The division of land into parcels greater than ten (10) acres where no street right-
of-way dedication is involved;
c) The public acquisition by purchase of strips of land for the widening or opening
of streets, and
a' d) The division of a tract in single ownership whose entire area is no greater than
two (2) acres into not more than three (3) lots, where no street right-of-way
dedication is involved and where the resultant lots are equal to or exceed the
standards of the municipality as shown in this ordinance.
Section 102. Other Definitions
For the purpose of this ordinance, certain words or terms used herein shall be
defined as follows:
Block. A piece of land bounded on one or more sides by
streets or roads.
Building Setback Line. A line parallel to the front
property line in front of which no structure shall be
erected. Setbacks shall be figured from the right-of-way
line.
Dedication. A gift, by the owner, or a right to use of
1
land for a specified purpose or purposes. Because a
transfer of property rights is entailed, dedication must
be made by written instrument, and is completed with an
acceptance.
Easement. A grant by the property owner of a strip of
land for a specified purpose and use by the public, a
corporation, or persons.
Half Street. A street whose centerline coincides with a
subdivision plat boundary, with one-half (1/2) the street
right-of-way width being contained within the subdivision
plat. Also, any existing street to which the parcel of
land to be subdivided abuts on only one side.
Lot. A portion of a subdivision, or any other parcel of
land, intended as a unit of transfer of ownership or for
development or both.
Lot of Record. A lot which is part of a subdivision, a
plat of which has been recorded in the Office of Register
of Deeds of Onslow County prior to the adoption of
this ordinance, or a lot described by metes and bounds,
the description of which has been so recorded prior to
the adoption of this ordinance.
Sidewalk. A sidewalk is a 4 foot wide paved strip of concrete
or similar aggregate material which is to be located no less than two
feet (24 inches) from the curb.
Lot Types:
Corner Lot. A lot located at the intersection of two or
more streets. A lot abutting on a curved street or
streets shall be considered a corner lot if straight
lines drawn from the foremost points of the side lot
lines to the foremost point of the lot meet at an
interior angle of less than one hundred thirty-five (135)
degrees.
Double Frontage Lot. A continuous (through) lot which is
accessible from both streets upon which it fronts.
2
I
Interior Lot. A lot other than a comer lot with only
one frontage on more than one street.
Through Lot or a "Double Frontage Lot." A lot other than
a corner lot with frontage on more than one street.
Through lots abutting two streets may be referred to as
double frontage lots.
Reversed Frontage Lot. A lot on which the frontage is at
right angles or approximately right angles (interior
angles less than one hundred thirty-five (135) degrees)
to the general pattern in the area. A reversed frontage
lot may also be a comer lot, an interior lot or a
through lot.
Single -Tier Lot. A lot which backs upon a limited access
highway, a railroad, a physical barrier, or another type
of land use and to which access from the rear is usually
prohibited.
Official Mans or Plans. Any maps or plans officially
adopted by the Town of Richlands Town Board.
Open Space. An area (land and/or water) generally
lacking in man-made structures and reserved for enjoyment
in its unaltered state.
R
Plat. A map or plan of a parcel of land which is to be,
or has been subdivided.
Public Water System. An approved water supply system
serving fifteen (15) or more connections including
county, municipal and sanitary district water systems
designated to serve particular subdivisions at full
development and constructed to specifications of the Onslow
County Health Deparment in consultation with the NC
Department of Environment and Natural Resources.
Public or Community Sewage System, An approved sewage
disposal system serving two (2) or more connections
including private, municipal and sanitary district sewage
systems designated to serve particular subdivisions at
full development and constructed to specifications of
3
the County Health Department in consultation with the NC
Department of Environment and Natural Resources.
Private Driveway. A roadway serving two (2) or fewer
lots, building sites or other division of land and not
intended to be public ingress or egress.
Private Street. A undedicated private right-of-way which
affords access to abutting properties and requires a sub-
division streets disclosure statement in accordance with
G.S. 136-102.6.
Reservation. A reservation of land does not involve any
transfer of property rights. It simply constitutes an
obligation to keep property free from development for a
stated period of time.
Septic Tank System. A ground absorption sewage treatment
and disposal system consisting of a septic tank and a
nitrification field, necessary pipe lines, conduits, pump
stations, and other appurtenances required for proper
collection, distribution, treatment, disposal, operation
and performance, or any other system approved by the
Onslow County Health Department.
Street. A dedicated and accepted public right-of-way for
vehicular traffic (or a private road only if permitted by
this ordinance). The following classifications shall
apply:
Urban Streets
Major Thoroughfares, Major thoroughfares consist of
interstate, other freeway and expressway links, and
major streets that provide for the expeditious movement
of volumes of traffic within and through urban areas.
Minor Thoroughfares. Minor thoroughfares are important
streets in the urban system and perform the function of
collecting traffic from local access streets and carrying it to
the Major Thoroughfare system by facilitating a minor
through traffic movement and may also abutting property.
1
y
M
1
i
1
I
Local Street. A local street is any link not part of a
higher -order urban system which serves primarily to provide
direct access to abutting land and access to higher systems.
Specific Type Rural or Urban Streets
Alley. A strip of land, owned publicly or privately, set
aside primarily for vehicular service access to the back
or side of properties otherwise abutting on a street.
Cul-de-sac. A short street having but one end open to
traffic and the other end being permanently terminated
and a vehicular turnaround
provided.
Engineer. Any person currently registered to practice professional
engineering by the State Board of Registration for Professional
Engineers of the State of North Carolina.
1�
Freeway. Expressway. or Parkway. Divided multilane road-
way designed to carry large volumes of traffic at
relatively high speeds. A freeAU is a divided highway
providing for continuous flow of vehicles with no direct
access to abutting property or streets and with access to
selected crossroads provided via connecting ramps. An
expressway is a divided highway with full or partial
control of access and generally with grade separations at
major intersections. A parkway is a highway for
noncommercial traffic, with full or partial control of
access, and usually located within a park or a ribbon of
park like development.
Frontage Road. A local street or road that is parallel
to a full or partial access controlled facility and
functions to provide access to adjacent land.
Local Residential Street. Cul-de-sacs, loop streets less
than 2,500 feet in length, or streets less than one mile
in length that do not connect thoroughfares, or serve
major traffic generators, and do not collect traffic from
more than 100 dwelling units.
Residential Collector Street. A local access street
which serves as a connector street between local
5
residential streets and the thoroughfare system.
Residential collector streets typically collect traffic
from 100 to 400 dwelling units.
Rural Street. A street which is designed to carry traffic in rural areas. These streets
are designed to carry traffic from rural areas into Richlands and from Richlands into
the surrounding rural areas. Rural streets to be located within Richlands' planning
jurisdiction will be required to have curb and gutter.
Subdivider. Any person, firm, or corporation who
subdivides or develops any land deemed to be a subdivision as herein defined.
Surveyor. A licensed surveyor in the State of North Carolina
Section 103. Word Interpretation
For the purpose of this ordinance, certain words shall be
interpreted as follows:
Words used in the present tense include the future tense.
Words used in the singular number include the plural and
words used in the plural number include the singular,
unless the natural construction of the wording indicates
otherwise.
The word "person" includes a firm, association,
corporation, trust, and company as well as an individual.
The word "use for" shall include the meaning "designed
for
The word "structure" shall include the word "building:.
The word "lot" shall include the words "plot", "parcel",
or "tract".
The word "shall" is always mandatory and not merely
directory.
C
1
ARTICLE II
INTRODUCTORY PROVISIONS
ISection 201. Title
This ordinance shall be known and may be cited as the Subdivision Regulations of
the Town of Richlands, North Carolina, and may be referred to as the Subdivision Regulations.
ISection 202. Purpgse
The purpose of this ordinance is to establish procedures and standards for the
development and subdivision of land within the territorial jurisdiction of the Town of Richlands.
It is further designed to provide for the orderly growth and development of the Town; for the
coordination of streets and highways within proposed subdivisions with existing or planned
streets and highways and with other public facilities; for the dedication or reservation of
recreation areas serving residents of the immediate neighborhood within the subdivision and of
rights -of -way or easements for street and utility purposes; and for the distribution of population
and traffic in a manner that will avoid congestion and overcrowding and will create conditions
essential to public health, safety, and the general welfare. This ordinance is designed to further
facilitate adequate provision of water, sewerage, parks, schools, and playgrounds, and also to
facilitate the further resubdivision of larger tracts into smaller parcels of land.
ISection 203. Authority
This ordinance is hereby adopted under the authority and provisions of the General
Statutes of North Carolina (NCGS), Chapter 160A, Article 19, Part 2.
Section 204. Jurisdiction
The regulations contained as pr
ovided rovided in NCGS 160A, Article 19 shall
govern each and every subdivision within the Town of Richlands.
Section 205. Prergquisite to Plat Recordation
After the effective date of this ordinance, each individual subdivision plat of land
within the Town's jurisdiction shall be approved by the Town Board.
1' Section 206. Acceptance of Streets
No street shall be maintained by the Town nor street dedication accepted for
ownership and maintenance in any subdivision for which a plat is required to be approved unless
and until such final plat has been approved by the Town of Richlands.
7
Section 207. Thoroughfare Plan
Where a proposed subdivision includes any part of a thoroughfare which has been
designated as such upon the officially adopted thoroughfare plan of the Town, the Onslow
County Board of Commissioners or the NC Department of Transportation, such part of the
thoroughfare plan shall be platted by the subdivider in the location shown on the plan and at the
width specified in this ordinance by the Town of Richlands and/or the North Carolina
Department of Transportation, as applicable.
Section 208. School Sites on Land Use or Comprehensive Plan
If the Town Board of the Town of Richlands and Onslow County Board of
Education have jointly determined the specified location and size of any school sites to be
reserved and this information appears in the Land Use Plan Update, the Subdivision
Administrator shall immediately notify the Board of Education whenever a sketch plan for a
subdivision is submitted which includes all or part of a school site to be reserved. The Board of
Education shall promptly decide whether it still wishes the site to be reserved. If the Board of
Education does not wish to reserve the site, it shall so notify the Planning Board. If the Board of
Education does wish to reserve the site, the subdivision shall not be approved without such
reservation. The Board of Education shall then have eighteen (18) months beginning on the date
of final approval of the subdivision within which to acquire the site by purchase or by initiating
condemnation proceedings. If the Board of Education has not purchased or begun proceedings
to condemn the site within eighteen (18) months, the subdivider may treat the land as freed of
the reservation.
Section 209. Zoning and Other Plans
Similarly, proposed subdivisions must comply in all respects with the requirements
of the zoning ordinance in effect in the area to be subdivided, and any other officially adopted
plans or ordinances.
ARTICLE III
LEGAL PROVISIONS
Section 301. General Procedure for Plat Approval
After the effective date of this ordinance, no subdivision plat of land within the
Townes jurisdiction shall be filed or recorded until it has been submitted to and approved by the
Town Board as set forth in Section 105 of this ordinance, and until this approval is entered in
writing on the face of the plat by the Mayor of the Town of Richlands and by the Town Clerk.
The Register of Deeds shall not file or record a plat of a subdivision of land located
within the territorial jurisdiction of the Town that has not been approved in accordance with
these provisions, nor shall the Clerk of Superior Court order or direct the recording of a plat if
Ithe recording would be in conflict with this section.
Section 302. Statement by Owner
The owner of land shown on a subdivision plat submitted for recording, or his
authorized agent, shall sign a statement on the plat stating whether or not any land shown
thereon is within the subdivision regulation jurisdiction of the Town of Richlands, North
Carolina.
Section 303. Effect of Plat Approval on Dedications
Pursuant to NCGS 160A-374, the approval of a plat does not constitute or effect the
acceptance by the Town or public of the dedication of any street or other ground, public utility
line, or other public facility shown on the plat and shall not be construed to do so. However, the
Town of Richlands may by resolution accept any dedication made to the public of lands or
facilities for streets, parks, public utility lines, or other public purposes, when the lands or
facilities are located within its subdivision regulation jurisdiction and meets the Town's
requirements.
Section 304. Penalties for Violation
- 304.1 After the effective date of this ordinance, any person who, being the owner or
agent of the owner of any land located within the territorial jurisdiction of this ordinance,
thereafter subdivides his land in violation of this ordinance or transfers or sells land by reference
to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has
been properly approved under the terms of this ordinance and recorded in the Office of the
Onslow County Register of Deeds, shall be guilty of a misdemeanor. The description by metes
and bounds in the instrument of transfer or other document used in the process of selling or
transferring land shall not exempt the transaction from this penalty. The Town through its
attorney or other official designated by the Town Board 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 NCGS 14-4.
304.2 The violation of any provision of this ordinance shall subject the offender to a
civil penalty in the amount of $50.00 to be recovered by the Town. Violators shall be issued a
written citation which must be paid within ten (10) days.
304.3 Each day's continuing violation of this ordinance shall be a separate and
distinct offense.
304.4 Notwithstanding Subsection 204.2 above, this ordinance may be enforced by
appropriate equitable remedies issuing from a court of competent jurisdiction.
304.5 Nothing in this section shall be construed to limit the use of remedies
available to the Town. The Town may seek to enforce this ordinance by using any one, all, or a
9
combination of remedies.
Section 305. Separability
Should any section or provision of this ordinance be decided by a court of competent
jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the
ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or
invalid.
Section 306. Variances
The Town Board of Richlands may authorize a variance from these regulations
when, in its opinion, undue hardship may result from strict compliance. In granting any
variance, the Town Board shall make the findings required below, taking into account the nature
of the proposed subdivision, the existing use of land in the vicinity, the number of persons to
reside or work in the proposed subdivision and the probable effect of the proposed subdivision
upon traffic conditions in the vicinity. No variance shall be granted unless the Town Board finds:
a) That there are special circumstances or conditions
affecting said property such that the strict
application of the provisions of this ordinance
would deprive the applicant of the reasonable use
of his land.
b) That the variance is necessary for the preservation
and enjoyment of a substantial property right of the
petitioner.
c) That the circumstances giving rise to the need for
the variance are peculiar to the parcel and are not
generally characteristic of other parcels in the
jurisdiction of this ordinance.
d) That the granting of the variance will not be
detrimental to the public health, safety and welfare
or injurious to other property in the territory in
which said property is situated.
Section 307. Amendments
The Town Board may from time -to -time amend the terms of this ordinance but no
amendment shall become effective unless it shall have been proposed by or shall have been
submitted to the Planning Board for review and recommendation. If the Planning Board fails to
submit a report within the specified time, it shall be deemed to have recommended approval of
the amendment.
10
No amendment shall be adopted by the governing body until they have held a public
hearing on the amendment. Notice of the hearing shall be published in a newspaper of general
circulation in the Town of Richlands at least once a week for two (2) successive calendar weeks
prior to the hearing. The initial notice shall appear not more than twenty-five (25) nor less than
ten (10) days prior to the hearing date. In computing the ten (10) --twenty-five (25) day period,
the date of publication is not to be counted, but the date of the hearing is.
Section 308. Abrogation
It is not intended that this ordinance repeal, abrogate, annul, impair, or interfere with
any existing easements, covenants, deed restrictions, agreements, rules, regulations, or permits
previously adopted or issued pursuant to law. However, where this ordinance imposes greater
restrictions, the provisions of this ordinance shall govern.
Section 309. Effective Date
IThis ordinance shall take effect and be in force from and after adoption.
1
Section 310. Adoption
Duly adopted by the Town Board of the Town of Richlands, North Carolina, on the
twenty first day of November, 2000.
Town Clerk
yor
Section 311. Administrator
The holder of the Office of Town Administrator is hereby appointed to serve as
subdivision administrator.
ARTICLE IV
PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION PLATS
Section 401. Plat Shall -Be plRiron AnSubdivision of LandAnSubdivision of Land
Pursuant to NCGS 160A-372 a final plat shall be prepared, approved, and recorded
pursuant to the provisions of this ordinance whenever any subdivision of land takes place.
11
Section 402. Approval Prerequisite to Plat Recordation
Pursuant to NCGS 160A-373, no final plat of a subdivision within the jurisdiction of
the Town of Richlands as established in Section 104 of this ordinance shall be recorded by the
Register of Deeds of Onslow County until it has been approved by the Town Board as provided
herein. To secure such approval of a final plat, the subdivider shall follow the procedures
established in this article.
Section 403. Procedures for Review of Major and Minor Subdivisions
All subdivisions shall be considered major subdivisions except those defined as
minor subdivisions in this Section. Major subdivisions shall be reviewed in accordance with the
procedures in Section 305 through 307. Minor subdivisions shall be reviewed in accordance
with the provisions in Section 304. However, if the subdivider owns, leases, holds an option on,
or holds any legal or equitable interest in any property adjacent to or located directly across a
street, easement, road or right-of-way from the property to be subdivided, the subdivision shall
not qualify under the abbreviated procedure. Furthermore, the abbreviated procedure may not be
used a second time within three (3) years on any property less than fifteen hundred (1500) feet
from the original property boundaries by anyone who owned, had an option on, or any legal
interest in the original subdivision at the time the subdivision received preliminary or final plat
approval.
A minor subdivision is defined as one involving no new public or private streets or
roads, or right-of-way dedication, no easements, no utility extension, where the entire tract to be
subdivided is five (5) or fewer lots after the subdivision is completed. Minor subdivisions
creating three (3) lots or less may follow an expedited process and receive approval from the
Subdivision Administrator at his discretion. Approval as noted in Section 404 may also be
required at the discretion of the Subdivision Administrator.
Section 404. Procedure for Review of Minor Subdivisions
404.1 Sketch Plan for Minor Subdivision
Prior to submission of a final plat, the subdivider shall submit to the subdivision
administrator three (3) copies of a sketch plan of the proposed subdivision containing the
following information:
a) A sketch vicinity map showing the location of the
subdivision in relation to neighboring tracts,
subdivisions, roads, and waterways;
b) The boundaries of the tract and the portion of the
tract to be subdivided;
c) The total acreage to be subdivided;
d) The existing and proposed uses of the land within the
subdivision and the existing uses of land adjoining it;
12
subdivision and the existing uses of land adjoining it;
e) The existing street layout and right-of-way width,
lot layout and size of lots;
f) The name, address and telephone number of the owner;
g) The name, if any, of the proposed subdivision;
h) Streets and lots of adjacent developed or plated
properties;
i) The zoning classification of the tract and of
adjacent properties;
j) A statement from the Onslow County Health Department that a copy of the
1 sketch plan has been submitted to them, if a septic tank system or other on site
water or wastewater systems are to be used in the subdivision_
11
The sketch plan shall be submitted at least fourteen (14) days prior to the Planning
Board meeting at which it will be reviewed. The Planning Board shall review the sketch plan
for general compliance with the requirements of this ordinance and the zoning ordinance; the
Planning Board shall advise the subdivider or his authorized agent of the regulations pertaining
to the proposed subdivision and the procedures to be followed in the preparation and submission
of the final plat.
One (1) copy of the sketch plan shall be retained as a part of the minutes of the
Planning Board, and one (1) copy shall be returned to the subdivider or his authorized agent.
404.2 Final Plat for Minor Subdivisions. Upon approval of the sketch plan by the
Planning Board the subdivider may proceed with the preparation of the final plat in accordance
with the requirements of this ordinance_
The subdivider shall submit the final plat so marked, to the subdivision
administrator not less than fifteen (15) days prior to the Planning Board meeting at which it will
be reviewed_
The final plat shall be prepared by a Registered Land Surveyor currently licensed
and registered in the State of North Carolina by the North Carolina State Board of Registration
for professional Engineers and Land Surveyors. The final plat shall conform to the provisions
for plats, subdivisions, and mapping requirements set forth in NCGS 47-30 and the Manual of
Practice for Land Surveying in North Carolina.
Five copies of the final plat shall be submitted, two (2) of these shall be on
reproducible material; three (3) shall be black or blue line paper prints. Material and drawing
13
I
medium for the original shall be in accordance with the Manual of Practice for Land Surveying
in North Carolina, where applicable, and the requirements of the Onslow County Register of
Deeds.
The final plat shall be of a size suitable for recording with the Onslow County
Register of Deeds and shall be at a scale of not less than one (1) inch equals two hundred (200)
feet. Maps may be placed on more than one sheet with appropriate match lines.
Submission of the final plat shall be accompanied by a filing fee of $50.00 to cover
administrative cost.
The final plat shall meet the specification in Section 3 0 K S
The following signed certificate shall appear on all five (5) copies of the final plat_
a) Certificate of Ownership and Dedication
I hereby certify that I am the owner of the property
shown and described hereon, which is located in the
subdivision jurisdiction of the Town of Richlands and
that I hereby adopt this plan of subdivision with my
free consent and establish minimum building setback
lines as noted.
Date Owner
b Certificate of Surveyand Accuracy
Y
In accordance with the Manual of Practice for Land
Surveying in North Carolina:
On the face of each map prepared for recordation
there shall appear a certificate acknowledged before
an officer authorized to take acknowledgments and
executed by the person making the survey or map
including deeds and any recorded data shown thereon.
The certificate shall include a statement of error of
'
closure calculated by latitudes and departures_ Any
lines on the map which were not actually surveyed
must be clearly indicated on the map and a statement
included in the certificate revealing the source of
information_
The certificate shall take the following general form:
14
I
1
r
4 - a a Bit�
I, certify that this map was drawn
by me) (drawn under my supervision) from (an actual
survey made by me) (an actual survey made under my
supervision) (deed description recorded in Book ,
Page , Book , Page , etc.)
(other); that the ratio of precision as calculated by
latitudes and departures is 1.
(that the boundaries not surveyed are shown as broken
lines plotted from information found in Book ,
Page ; that this map was prepared in
accordance with NCGS 47-30, as amended -
Witness my hand and seal this day of ,
20
Registered Land Surveyor
Official Seal
Registration Number
I (officer authorized to take acknowledgments) do
hereby certify that (name of registered surveyor)
personally appeared before me this day and
acknowledged the due execution of this certificate.
Witness my hand and (where an official seal is
required by law) official seal this the day of
(year) -
Signature of Officer
Official Seal
The Planning Board shall review the final plat at or before its next regularly
scheduled meeting which follows at least fifteen (15) days after the subdivision administrator
receives the final platt and shall recommend approval, conditional approval with modifications to
bring the plat into compliance, or disapproval of the final plat with reasons within forty-five (45)
ft days of its first consideration of the plat -
During its review of the final plat the Planning Board may appoint an engineer or
Registered Land Surveyor to confirm the accuracy of the final plat or to provide comments on
15
technical data_ The costs shall be charged to the subdivider and the plat shall not be
recommended for approval until such engineering fees have been paid.
If the Planning Board recommends approval of the final plait shall transmit all
copies of the plat and its written recommendations to the Town Board through the subdivision
administrator -
If the Planning Board recommends conditional approval of the final plat with
modifications to bring the plat into compliance, it shall retain one (1) print of the plat for its
minutes, return its written recommendation and two (2) reproducible copies of the plat to the
subdivider, and transmit one (1) print of the plat and its written recommendations to the Town
Board through the subdivision administrator_
If the Planning Board recommends disapproval of the final plat, it shall instruct the
subdivider concerning re -submission of a revised plat and the subdivider may make such
changes as will bring the plat into compliance with the provisions of this ordinance and resubmit
same for reconsideration by the Planning Board, or appeal the decision to the Town Board.
Failure of the Planning Board to make a written recommendation within forty-five
(45) days after its first review shall constitute grounds for the subdivider to apply to the Town
Board for approval.
If the Planning Board recommends approval or conditional approval with
modifications to bring the plat into compliance, or the subdivider appeals to the Town Board, the
Town Board shall review and approve or disapprove the final plat within forty-five (45) days
after the plat and recommendations of the Planning Board have been received by the
subdivision administrator_
If the Town Board approves the final plat, such approval shall be shown on each
copy of the plat by the following signed certificate:
Certificate of Approval for Recording
I hereby certify that the subdivision plat shown hereon has been found to comply
with the Subdivision Regulations of the Town of Richlands, North Carolina and that this plat has
been approved by the Town Board for recording in the Office of the Register of Deeds of
Onslow County.
0
Mayor
Town of Richlands, North Carolina
16
11
If the final plat is disapproved by the Town Board the reasons for such disapproval
shall be stated in writing, specifying the provisions of this ordinance with which the final plat
does not comply_ One (1) copy of such reasons and one (1) print of the plat shall be retained by
the Town Board as part of its proceedings; one (1) copy of the reasons and three (3) copies of the
plat shall be transmitted to the subdivider_ If the final plat is disapproved, the subdivider may
make such changes as will bring the final plat into compliance and resubmit same for
reconsideration by the Planning Board and the Town Board or by the Town Board as determined
by the Town Board.
If the final plat is approved by the Town Board, one (1) print of the plat shall be
retained by the subdivider. One (1) reproducible tracing and one (1) print shall be filed with the
Town Clerk, and one (1) print shall be returned to the Planning Board for its records_
The subdivider shall file the approved final plat with the Register of Deeds of
Onslow County within thirty (30) days of Town Board approval; otherwise such approval shall
be nulland void_ One reproducible tracing as recorded by the Register of Deeds shall be
returned to the Town Clerk.
Section 405. Sketch Plan for Major Subdivisions
405.1 Number of Copies and Contents
Prior to the preliminary plat submission, the subdivider shall submit to the Planning
Board two (2) copies of a sketch plan of the proposed subdivision (or three (3) copies if the
abbreviated procedure is to be used) containing the following information_
a) A sketch vicinity map showing the location of the
subdivision in relation to neighboring tracts,
subdivisions, roads, and waterways;
b) The boundaries of the tract and the portion of the
tract to be subdivided;
c) The total acreage to be subdivided;
d) The existing and proposed uses of the land within
the subdivision and the existing uses of land
adjoining it;
e) The proposed street layout with approximate
pavement and right-of-way width, lot layout and
size of lots;
f) The name, address, and telephone number of the
owner;
17
g) The name, if any, of the proposed subdivision;
h) Streets and lots of adjacent developed or plated
properties;
i) The zoning classification of the tract and of
adjacent properties;
}) A statement from the Dnslow County Health Department that a copy of the
sketch plan has been submitted to them, if a septic tank system or other on site
water or wastewater systems are to be used in the subdivision.
405.2 Submission and Review Procedure
The sketch plan is a conceptual plan which shall indicate the intentions of the
subdivider with respect to all of the lands owned or controlled by the subdivider.
The sketch plan shall be submitted at least fourteen (14) days prior to the Planning
Board meeting at which it will be reviewed. The Planning Board shall review the sketch plan
for general compliance with the requirements of this ordinance and the zoning ordinance; the
Planning Board shall advise the subdivider or his authorized agent of the regulations pertaining
to the proposed subdivision and the procedures to be followed in the preparation and submission
of the preliminary and final plats.
One copy of the sketch plan shall be retained as a part of the minutes of the Planning
Board with the other copy being returned to the subdivider or his authorized agent.
Section 406. PrelimigM Plat Submission and Review
406.1 Submission Procedure
For every subdivision within the territorial jurisdiction established by Section 204 of
this ordinance, which does not qualify for the abbreviated procedure', the subdivider shall
submit a preliminary plat which shall be reviewed by the Planning Board and approved by the
Planning Board before any construction or installation of improvements may begin.
The preliminary plat shall be consistent in concept with the previously submitted and
approved sketch plan. The preliminary plat may constitute a portion of the Sketch Plan.
Twelve (12) copies of the preliminary plat (as well as any additional copies which
the subdivision administrator determines are needed to be sent to other agencies) shall be
submitted to the administrator of this ordinance at least twenty (20) days prior to the Planning
' The "abbreviated procedure" is a reference to the minor subdivision process_ There is no other
abbreviated process or procedure available.
Failure of the Planning Board to make a written recommendation within sixty (60)
days shall constitute grounds for the subdivider to apply to the Town Board for approval.
If the Planning Board recommends approval or conditional approval with
modifications to bring the plat into compliance, or the subdivider appeals to the Town Board, the
Town Board shall review and approve or disapprove the final plat within forty-five (45) days
after the plat and recommendations of the Planning Board have been received by the subdivision
administrator.
If the Town Board approves the final plat, such approval shall be shown on each
copy of the plat by the following signed certificate:
Certificate of Approval for Recording
I hereby certify that the subdivision plat shown hereon has been found to comply
with the Subdivision Regulations of the Town of Richlands, North Carolina, and that
this plat has been approved by the Town Board for recording in the Office of the
Register of Deeds of Onslow County
Town Administrator, Town of Richlands, North Carolina
Date
If the final plat is disapproved by the Town Board, the reasons for such disapproval
shall be stated in writing, specifying the provisions of this ordinance with which the final plat
does not comply. One (1) copy of such reasons and one (1) print of the plat shall be retained by
the Town Board as part of its proceedings; one (1) copy of the reasons and three (3) copies of the
plat shall be transmitted to the subdivider. If the final plat is disapproved, the subdivider may
make such changes as will bring the final plat into compliance and resubmit same for
reconsideration by the Planning Board and the Town Board or by the Town Board as determined
by the Town Board.
If the final plat is approved by the Town Board, one (1) print of the plat shall be
retained by the subdivider. One (1) reproducible tracing and one (1) print shall be filed with the
Town Clerk, and one (1) print shall be retained by the Planning Board for its records.
The subdivider shall file the approved final plat with the Register of Deeds of
Onslow County within thirty (30) days of Town Board approval; otherwise such approval shall
be null and void. One reproducible tracing as recorded by the Register of Deeds shall be
returned to the Town Clerk.
rM
1
u
Required Improvements_
I hereby certify that all streets, utilities and other required improvements have
been installed in a manner approved by the appropriate state or local authority
and according to Town specifications and standards in the
Subdivision or that guarantees of the installation of the required improvements
in an amount and manner satisfactory to the Town of Richlands has been
received, and that the filing fee for this plat, in the amount of $75.00 has been
paid--
Subdivision Administrator
Engineer
Date
The Planning Board shall review the final plat at or before its next regularly
scheduled meeting which follows at least thirty (30) days after the subdivision administrator
receives the final plat and shall recommend approval, conditional approval with modifications to
' bring the plat into compliance or disapproval of the final plat with reasons within forty-five (45)
days of its first consideration of the plat.
During its review of the final plat the Planning Board may appoint an engineer or a
Registered Land Surveyor to confirm the accuracy of the final plat or to provide comments on
technical data. The costs shall be charged to the subdivider and the plat shall not be
recommended for approval until such fees have been paid.
If the Planning Board recommends approval of the final plat it shall transmit all
copies of the plat and its written recommendations to the Town Board through the subdivision
administrator.
If The Planning Board recommends conditional approval of the final plat with
modifications to bring the plat into compliance, it shall retain one (1) print of the plat for its
minutes, return its written recommendations and two (2) reproducible copies of the plat to the
subdivider, and transmit one (1) print of the plat and its written recommendation to the Town
Board through the subdivision administrator.
If the Planning Board recommends disapproval of the final plat, it shall instruct the
subdivider concerning re -submission of a revised plat and the subdivider may make such
changes as will bring the plat into compliance with the provisions of this ordinance, and
resubmit same for reconsideration by the Planning Board, or appeal the decision to the Town
Board.
25
c)
"M
The certificate shall take the following general form:
State of North Carolina Onslow County
11 certify that this map was (drawn by
me) (drawn under my supervision) from (an actual
survey made by me) (an actual survey made under my
supervision) (deed description recorded in Book ,
Page , Book , Page , etc_)
(other); that the ratio of precision as calculated by
latitudes and departure is 1: _ (that
the boundaries not surveyed are shown as broken
lines plotted from information found in Book ,
Page _�: that this map was prepared in accordance
with NCGS 47-30, as amended. Witness my hand and
seal this day of , 20
Registered land Surveyor
Official Seal
Registration Number
1, (officer authorized to take acknowledgments) do
hereby certify that (name of registered surveyor)
personally appeared before me this day and
acknowledged the execution of this certificate.
Witness may hand and (where an official seal is
required by law) official seal this the day of
(year)-
Signature of Officer
,
Official Seal
Certificate of oval of the D and
� Design
Installation of Streets, Utilities, and Other
24
! Ten (10) copies of the final plat shall be submitted; two (2) of these shall be on
reproducible material; eight (8) shall be black or blue line paper prints. Material and drawing
medium for the original shall be in accordance with the Manual of Practice for Land Surveying
in North Carolina, where applicable, and the requirements of the Onslow County Register of
Deeds.
h final plat shall be of a size suitable for recording with the Onslow County
The ap g
Register of Deeds and shall be at a scale of not less than one (1) inch equals two hundred (200)
feet. Maps may be placed on more than one (1) sheet with appropriate match lines.
Submission of the final plat shall be accompanied by a filing fee of $50.00 to cover
administrative cost.
The final plat shall contain the information items as outlined in Section 408.
Subdivisions shall be constructed and/or improved as required in Article IV.
The following signed certificates shall appear on all ten (10) copies of the final plat:
a) Certificate of Ownership and Dedication
I hereby certify that I am the owner of the property shown and described
hereon, which is located in the subdivision jurisdiction of the Town of
' Richlands and that I hereby adopt this plan of subdivision with my free
consent, establish minimum building setback lines, and dedicate all streets,
alleys, walks, parks, and other sites and easements to public or private use as
noted.
Date Owner(s)
b) Certificate of Survey and Accuracy
In accordance with the Manual of Practice for Land Surveying in North
rolina:
On the face of each map prepared for recordation
there shall appear a certificate acknowledged before
an officer authorized to take acknowledgments and
executed by the person making the survey or map
including deeds and any recorded data shown thereon.
The certificate shall include a statement of error
of closure calculated by latitudes and departures.
Any lines on the map which were not actually surveyed
must be clearly indicated on the map and a statement
included in the certificate revealing the source of
23
r
b) Default
Upon default, meaning failure on the part of the
subdivider to complete the required improvements in
a. timely manner as spelled out in the performance
bond or escrow agreement, then the surety, or the
financial institution holding the escrow account
shall if requested by the Town Board, pay all
or any portion of the bond or escrow fund to the Town
of Richlands up to the amount needed to complete
the improvements based on an engineering
estimate. Upon payment, the Town Board,
at its discretion, may expend such portion of said
funds as it deems necessary to complete all or any
portion of the required improvements. The Town shall
return to the subdivider any funds not spent in
completing the improvements_ All interest earned
shall be retained by the Town.
c) Release of Guarantee Security
The Town Hoard may release a portion of any
security posted as the improvements are completed and
recommended for approval by the Planning Board_
Within thirty (30) days after receiving the Planning
Boards recommendation, the Town Board shall
act on the recommendation. If the Town Board
approves said improvements, then it shall immediately
release any security posted.
407.3 Submission Procedure
The Subdivider shall submit the final plat, so marked, to the subdivision
administrator not less than thirty (30) days prior to the Planning Board meeting at which it will
be reviewed; further, the final plat for the first stage of the subdivision shall be submitted not
more than twelve (12) months after the date on which the preliminary plat was approved;
otherwise such approval shall be null and void, unless a written extension of this limit is granted
by the Town Board on or before the twelve (12) month anniversary of the approval.
The final plat shall be prepared by a Registered Land Surveyor currently licensed
and registered in the State of North Carolina by the North Carolina State Board of Registration
for Professional Engineers and Land Surveyors_ The final plat shall conform to the provisions
for plats, subdivisions, and mapping requirements set forth in NCGS 47-30 and the Manual of
Practice for Land Surveying in North Carolina
22
The subdivider shall obtain a performance bond(s)
from a surety bonding company authorized to do
business in North Carolina_ The bonds shall be
payable to the Town of Richlands and shall be in
an amount equal to 1.25 times the entire cost, as
estimated by the subdivider and approved by the
Town Board, of installing all required
improvements. The duration of the bond(s) shall
be until such time as the improvements are
accepted by the Town Board.
2_ Cash or Equivalent Security
The subdivider shall deposit cash, an irrevocable letter of credit or other
instrument readily convertible into cash at face value, either with the
Town or in escrow with a financial institution designated as an official
depository of the Town. The use of any instrument other than cash shall
be subject to the approval of the Town Board_ The amount of deposit
shall be equal to 1.25 times the cost, as estimated by the subdivider and
approved by the Town Board, of installing all required improvements_
If cash or other instrument is deposited in
1 escrow with a financial institution as provided
above, then the subdivider shall file with the
Town Board an agreement between the
financial institution and himself guaranteeing
the following:
(i) That said escrow account shall be held in trust until released by the
Town Board and may not be used or pledged by the subdivider in
any other matter during the term of the escrow; and
(ii) That in the case of a failure on the part of
the subdivider to complete said improvements the financial
institution shall, upon notification by the Town Board, and
submission by the Town Board to the financial institution of an
engineer's estimate of the amount needed to complete the
improvements, immediately either pay to the Town the funds
estimated to complete the improvement, up to the full balance of
the escrow account, or deliver to the Town any other instruments
fully endorsed or otherwise made payable in full to the Town. All
interest earned shall be retained by the Town.
21
its. recommendation to the subdivider_
If the Planning Board recommends disapproval of the preliminary plat, it shall retain
one (1) copy of the plat for its minutes, and return one (1) copy of the plat and its
recommendation to the subdivider_
If the preliminary plat is disapproved, the subdivider may make the recommended
changes and submit a revised preliminary plat, or appeal the decision to the Town Board.
If the Planning Board does not make a written recommendation within sixty (60)
days after its first consideration of the plat, the subdivider may apply to the Town Board for
approval_
Section 407. Final Plat Submission and Review
407.1 Preparation of Final Plat and Installation of
Improvements
Upon approval of the preliminary plat by the Planning Board, the subdivider may
proceed with the preparation of the final plat, and the installation of or arrangement for required
improvements in accordance with the approved preliminary plat and the requirements of this
ordinance. Prior to approval of a final plat, the subdivider shall have installed the improvements
specified in this ordinance or guaranteed their installation as provided herein No final plat will
be accepted for review by the Planning Board or the Town Board unless accompanied by written
notice by the Town Clerk acknowledging compliance with the improvement and guarantee
standards of this ordinance. The final plat shall constitute only that portion of the preliminary
plat which the subdivider proposes to record and develop at that time; such portion shall
conform to all requirements of this ordinance.
407-2 improvements Guarantees
a) Agreement and Security Required
In. lieu of requiring the completion, installation, and dedication of all
improvements prior to final plat approval the Town of Richlands may enter
into an agreement with the subdivider whereby the subdivider shall agree to
complete all required improvements. Once said agreement is signed by both
parties and the security required herein is provided, the final plat may be
approved by the Town Board, if all other requirements of this ordinance are
met To secure this agreement, the subdivider shall provide, subject to the
approval of the Town Board, either one, or a combination of the following
guarantees not exceeding 1.25 times the entire cost as provided herein:
1 _ Surety Performance Bond(s)
20
Board meeting at which the subdivider desires the Planning Board to review the preliminary
plat.
Preliminary plats shall contain the information items as outlined in Section 308_
Subdivisions shall be constructed and/or improved as required in Article IV.
406-2 Review byAgenciesOther
After having received the preliminary plat from the subdivider, the subdivision
administrator shall submit copies of the preliminary plat and any accompanying material to other
officials and agencies concerned with new development including, but not limited to:
a)
Technical Review Committee consisting of the Town Administrator and
appropriate Town departmental heads and, if deemed appropriate, a
professional engineer or surveyor who shall confirm the accuracy of the
preliminary plat and shall provide comments on technical data. The costs
shall he charged to the subdivider;
b)
Onslow County Health Department;
1
c)
Onslow County Board of Education;
1
d)
The District Engineer of the NC DOT;
e)
Onslow County Soil Conservation Service Office;
f)
U-S_ Army Corps of Engineers, Wilmington, NC.
4063
Review Procedure
The Planning Board shall not approve the preliminary plat and final plat of the same
subdivision at the same meeting. The Planning Board shall review the preliminary plat at or
before its next regularly scheduled meeting which follows at least thirty (30) days after the
subdivision administrator receives the preliminary plat and the comments from the appropriate
agencies_
The Planning Board shall, in writing, recommend approval, conditional approval
with recommended changes to bring the plat into compliance, or disapproval with reasons within
sixty (60) days of its first consideration of the plat_
If the Planning Board recommends approval of the preliminary plat, it shall retain
one (1) copy of the plat for its minutes and return one (1) copy of the plat, to the subdivider.
If the P Board recommends conditional oval of the el' it
� approval preliminary Flab
shall keep one (1) copy of the plat for its minutes, and return the remaining copy of the plat and
19
1
1
1
1
1
1
1
1
1
1
1
1
1
i
1
1
1
Section 408. Information to be Contained in or Depicted on Preliminary and Final Plat
The preliminary and final plats shall depict or contain the information indicated in
the following table. An'Y' indicates that the information is required.
Information Preliminary Plat Final lP�t.
-Title Block Containing
-Property designation
x
-Name of owner
x
-Location (including
x
township, county and
state)
-Date or dates survey
x
was conducted and plat
prepared
-A scale of drawing in
x
feet per inch listed
in words or figures
-A bar graph
x
-Name, address,
x
registration number
and seal of the
Registered Land Surveyor
-The name of the subdivider x
-A sketch vicinity map showing x
the relationship between the
proposed subdivision and
surrounding area
-Corporate limits, township x
boundaries, county lines if on
the subdivision tract
-The names, addresses and x
telephone numbers of all owners,
mortgagees, registered land
surveyors, land planners,
architects, and professional
engineers responsible for
the subdivision
27
x
x
x
x
x
x
x
►A
x
x
x
Information
-The registration numbers and
seals of the professional
engineers
-Date of plat preparation
-North arrow and orientation
-The boundaries of the tract
or portion thereof to be
subdivided, distinctly and
accurately represented with
all bearings and distances
shown
-The exact boundary lines of the
tract to be subdivided, fully
dimensioned by lengths and bearings,
and the location of existing
boundary lines of adjoining lands
-The names of owners of adjoining
properties
-The names of any adjoining sub-
divisions of record or proposed
and under review
-Minimum building setback lines
-The zoning classifications of the
tract to be subdivided and adjoining
properties
-Existing property lines on the
tract to be subdivided and on
adjoining properties
-Existing buildings or other
structures, water courses, railroads,
bridges, culverts, storm drains,
both on the land to be subdivided
and land immediately adjoining
W
Preliminary Plat Final Plat
x
x
9
x
x
x
x
x
M
x
R.
x
IInformation
-Proposed lot lines, lot and block
numbers, and approximate dimensions
-The lots numbered consecutively
throughout the subdivision
-Wooded areas, marshes, swamps, rock
outcrops, ponds or lakes, streams
or stream beds and any other natural
features affecting the site
-The exact location of the flood
hazard zone from the community's
Flood Insurance Rate Maps (FIRM)
The following data concerning streets:
-Proposed streets
-Existing and plated streets on
adjoining properties and in the
proposed subdivision
-Rights-of-way, locations and
dimensions'
-Pavement Aridths'
-Approximate grades'
Preliminary Plat Final Plat
x
x
x
x
x
x
x
2 The subdivider must submit all street plans to the Town Clerk for approval as a part of the
preliminary plat approval process.) Where public streets are involved which will not be dedicated to a
municipality, the subdivider must submit the following documents to the N.C. Department of
Transportation District Highway Office for review: a complete site layout, including any future
expansion anticipated horizontal alignment indicating general curve data on site layout plan; vertical
alignment indicated by percent grade, PI station and vertical curve length on site plan layout; (the District
Engineer may require the plotting of the ground profile and grade line for roads where special conditions
or problems exist); typical section indicating the pavement design and width and the slopes, widths and
details for either the curb and gutter or the shoulder and ditch proposed; drainage facilities and drainage
areas.
3 Ibid.
° Ibid.
29
Information
-Design engineering data for all
corners and curves
-Typical street cross sections
-Street names
-Street maintenance agreement in
accordance with Section 505.1 and
505.22 of this ordinance
-Type of street dedication; all
streets must be designated either
"public" or "private".
-Where streets are dedicated to the
public, but not accepted into a
municipal or state system before
lots are sold, a statement explaining
the status of the street in accordance
with Section 505.2 of this ordinance.
-If any street is proposed to intersect
with a state maintained road, the subdivider
shall apply for the appropriate clearances and
approvals from the NC DOT.
Driveway approval as required by
the North Carolina Department of
Transportation, Division of
Highways' Manual on Driveway
Regulations.
Evidence that the subdivider has
obtained driveway approval.
The location and dimensions of all:
-Utility and other easements
-Riding trails
Natural buffers
30
Preliminary Plat Final Plat
x
M
x
x
►l
x
x
x
x
x
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
i
Information
-Pedestrian or bicycle paths
-Parks and recreation areas with
specific type indicated
-School sites
-Areas to be dedicated to or
reserved for public use
-Areas to be used for purposes
other than residential with the
purpose of each stated
-The future ownership (dedication
or reservation for public use to
governmental body, for owners to
duly constituted homeowners'
association, or for tenants remaining
in subdivider's ownership) of recreation
and open space lands
-Conservation Easements
The plans for utility layouts including:
-public or private sanitary sewers
-storm sewers
-other drainage facilities, (if any)
-water distribution lines
illustrating connections to existing
systems, showing line sizes, the
location of fire hydrants, blow offs,
manholes, force mains and gate valves.
-natural gas lines
-telephone lines
-electric lines
31
Preliminary P,� Final Plat
x x
x
x
x
x
x
x
R.
x
x
Information
Plans for individual water supply
and septic tank systems, if any
-profiles based upon Mean Sea Level
datum for sanitary sewers and storm
sewers
Site calculations including:
-acreage in total tract to be subdivided
-acreage in parks and recreation
areas and other nonresidential
uses
-total number of parcels created
-acreage of the smallest lot in the
subdivision
-linear feet in streets
-The name and location of any
property or buildings within
the proposed subdivision or
within any contiguous property
that is located on the U.S.
Department of Interior's National
Register of Historic Places
Preliminary PlotFin 1 Plat
x
-Sufficient engineering data to
determine readily and reproduce
on the ground every straight or
curved line, street line, lot
line, right-of-way line, easement
line, and setback line, including
dimensions, bearings, or deflection
angles, radii, central angles, and
tangent distance for the center line
of curved property lines that are not
the boundary line of curved streets. All
dimensions shall be measured to the nearest one
-tenth of a foot and all angles to the nearest minute.
32
x
x
x
x
x
x
Ki
1
1
f
1
1
1
1
1
1
1
t
1
i
1
1
Information
-The accurate locations and descriptions
of all monuments, markers and control points.
-A copy of any proposed deed restrictions
restrictions or similar covenants. Such
restrictions are mandatory when private
recreation areas are established.
-A copy of the erosion control plan
submitted to the Land Quality
Section, DENR, Wilmington Regional
Office. Required 30 days before
land disturbance.
-Waters Classified by the Division
of Water Quality, DENR
-Topographic map with contour
intervals of no greater than
1' at a scale of no less than
1" = 200'.
-All certifications required in
Section 507
-May require a financial statement of
the Developer's capability to perform
and accomplish improvements indicated
on preliminary plat. Statement to be
submitted to Town Clerk and kept
confidential.
Preliminary Pla jEinal Pl t
x
x
x
x
x
-Any other information considered x
by either the subdivider, the
Planning Board or the Town Board
to be pertinent to the review of
the plat.
Section 409. Recombination of Land
409.1 Any plat or any part of any plat may be vacated by the owner at any time
before the sale of any lot in the sub- division by a written instrument to which a copy of such
plat shall be attached, declaring the same to be vacated.
33
x
FN
x
x
x
x
x
x
409.2 Such an instrument shall be approved by the same agencies as approved the
final plat. The Town Board may reject any such instrument which abridges or destroys any
public rights in any of its public uses, improvements, streets or alleys.
409.3 Such an instrument shall be executed, acknowledged or approved and
recorded and filed in the same manner as a final plat; and being duly recorded or filed shall
operate to destroy the force and effect of the recording of the plat so vacated, and to divest all
public rights in the streets, alleys, and public grounds, and all dedications laid out or described in
such plat.
409.4 When lots have been sold, the plat may be vacated in the manner provided in
Section 409.1 through 409.3 by all owners of the lots in such plat joining in the execution of
such writing.
Section 410. Resubdivision Procedures
For any replatting or resubdivision of land, the same procedures, rules and
regulations shall apply as prescribed herein for an original subdivision.
ARTICLE V
REQUIRED IMPROVEMENTS, DEDICATION, RESERVATION,
MINIMUM STANDARDS OF DESIGN
Section 501. General
Each subdivision shall contain the improvements specified in this article, which
shall be installed in accordance with the requirements of this ordinance and paid for by the
subdivider, unless other means of financing is specifically stated in this ordinance. Land shall be
dedicated and reserved in each subdivision as specified in this article. Each subdivision shall
adhere to the minimum standards of design established by this article.
Section 502. Suitability of Land
502.1 The burden of proof that lots and acreage are suitable for development
shall rest with the subdivider. A subdivision plat may be disapproved if the Planning Board
determines that insufficient or inadequate data is submitted by the subdivider.
Land which has been determined by the Planning Board, on the basis of engineering
or other expert surveys, to pose an ascertainable danger to life or property by reason of its
unsuitability for the use proposed shall not be plated for that purpose, unless and until the
subdivider has taken the necessary measures to correct said conditions and to eliminate said
dangers.
The Planning Board shall use all available resources to ascertain the suitability of
34
lots and acreage for development including but not limited to soils for use of septic tanks and
drainage characteristics. Expenses created in documenting this data shall be the responsibility of
the developer. Fees incurred shall be paid prior to final plat approval.
Lots and acreage determined by the Planning Board to be unsuitable for
development shall be so indicated on the final plat and shall not be made available for sale to the
public by the subdivider. Such lots and acreage shall not be developed for inhabitable buildings
or structures but may be used otherwise for the public or community benefit.
502.2 Areas that have been used for disposal of solid waste shall not be subdivided
unless tests by the Onslow County Health Department, a structural engineer and a soils expert
determine that the land is suitable for the purpose proposed.
502.3 All subdivision proposals shall be consistent with the need to minimize flood
damage.
502.4 All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical and water systems located and constructed to minimize flood damage.
Section 503. Name Duplication
The name of the subdivision shall not duplicate nor closely approximate the name of
an existing subdivision within Onslow County. The name of streets shall not duplicate nor
closely approximate the name of any existing street within Onslow County.
Section 504. Subdivision Design
504.1 Blocks
a) The lengths, widths, and shapes of blocks shall be
determined with due regard to: provision of adequate
building sites suitable to the special needs of the
type of use contemplated; zoning requirements; needs
for vehicular and pedestrian circulation; control
and safety of street traffic; and limitations and
opportunities of topography.
b) Blocks shall not be less than 400 feet or more than
1800 feet.
c Blocks shall have sufficient width to allow two 2
tiers of lots of minimum depth except where single
tier lots are required to separate residential
development from through vehicular traffic or another
type of use, in nonresidential subdivisions, or where
35
abutting a water area.
d) Where deemed necessary by the Planning Board, a
pedestrian crosswalk at least fifteen (15) feet in
width may be required to provide convenient public
access to a public area such as a park or school,
or to areas such as shopping centers, religious or
transportation facilities.
e) Block munbers shall conform to the Town street numbering system, if
applicable.
504.2 Lots
a) All lots in new subdivisions shall conform to the zoning requirements of the
district in which the subdivision is located. Conformance to zoning requirements
means, among other things, that the smallest lot in the subdivision must meet all
dimensional requirements of the zoning ordinance. It is not sufficient merely for the
average lot to meet zoning requirements.
b) Lots shall meet any applicable Onslow County Health Department
requirements.
c) Double frontage lots shall be avoided wherever possible.
d) Side lot lines shall be substantially at right angles to radial to street lines.
e) To promote energy conservation, lots in the subdivision shall, to the extent
possible in light of topographic and other considerations, face streets which
run in an east -west direction, to provide greater opportunity for south
orientation of windows in buildings. In manufactured home subdivisions, if
units will be sited with the long axis perpendicular to the street, lots shall, to
the extent possible, face streets which run in a north -south direction.
504.3 Easements
Easements shall be provided as follows:
a) Utility Easements
Easements for underground or above ground utilities shall be provided, where
necessary, across lots or centered on rear or side lot lines and shall be at
least 20 feet wide for water and sanitary sewer lines and as required by the
companies involved, for telephone, gas and power lines. The Planning Board
will determine whether one (1) easement is sufficient or whether several
easements are necessary to accommodate the various facilities and the
subdivider shall provide the required easements.
b Drainage Easements
Where a subdivision is traversed by a stream or drainage way, an easement
shall be provided conforming with the lines of such stream and of sufficient
width as will be adequate for the purpose. Provisions for the fiituure
maintenance and upkeep of all drainage easements shall be approved by the
Planning Board prior to plat approval and such provisions shall be included
with the final plat.
Section 505. S .r .. s
505.1 Type of Streets Required
All subdivision lots shall abut on a public or private street. (See Section 505.22
Private Streets.) All public streets shall be dedicated to the Town of Richlands, the State of
North Carolina or the public as determined appropriately by the Planning Board. All public
1 streets shall be built to the standards of this ordinance and all other applicable standards of the
Town of Richlands and the North Carolina Department of Transportation. Public streets shall be
constructed to the standards necessary to be put on the State Highway System or the standards in
this ordinance, whichever is stricter in regard to each particular item, and shall be put on such
system. Streets which are not dedicated to the Town which are not eligible to be put on the State
Highway System because there are too few lots or residences shall, nevertheless, be dedicated to
the public and shall be in accordance with the standards in this ordinance or standards necessary
to be put on the State Highway System, whichever is stricter in regard to each particular item, so
as to be eligible to be put on the system at a later date. A written maintenance agreement with
provisions for maintenance of the street until it is put on the State system shall be included with
the final plat.
505.2 Subdivision Street Disclosure Statement
All streets shown on the final plat shall be designated in accordance with NCGS
136-102.6 and designation as public shall be conclusively presumed an offer of dedication to the
public. Where streets are dedicated to the public but not accepted into a municipal or State
system, before lots are sold, a statement explaining the status of the street shall be included
with the final plat. The provisions outlined in 505.1 will apply.
505.3 Half -Streets
The dedication of half streets of less than sixty (60)feet at the perimeter of a new
subdivision shall be prohibited. If circumstances render this impracticable, adequate provision
for the concurrent dedication of the remaining half of the street shall be furnished by the
subdivider. Where there exists a half -street in an adjoining subdivision, the remaining half shall
37
be provided by the proposed subdivision. However, in circumstances where more than sixty (60)
feet of right-of-way is required, a partial width right-of-way, not less than sixty (60) feet in
width, may be dedicated when adjoining undeveloped property is owned or controlled by the ,
subdivider; provided that the width of the partial dedication is such as to permit the installation
of such facilities as may be necessary to serve abutting lots. When the adjoining property is
subdivided, the remainder of the full required right-of-way shall be dedicated.
505.4 Marginal Access Streets
'
Where a tract of land to be subdivided adjoins a principal arterial street, the
subdivider may be required to provide a marginal access street parallel to the arterial street or
reverse frontage on a minor street for the lots to be developed adjacent to the arterial. Where
'
reverse frontage is established, private driveways shall be prevented from having direct access to
the principal arterial.
505.5 Access to Adjacent Properties
Where, in the opinion of the Planning Board, it is necessary to provide for access to
an adjoining property, proposed streets shall be extended by dedication to the boundary of such
property and a temporary turnaround provided.
505.6 Nonresidential Streets
The subdivider of a nonresidential subdivision shall provide streets in accordance
with the standards contained in the most current edition of the North Carolina Roads, Minimum
Construction Standards booklet; and the standards in this ordinance, whichever are stricter in
regard to each particular item.
505.7 Design Standards
The design of all streets and roads within the jurisdiction of this ordinance shall be
in accordance with the accepted policies of the North Carolina Department of Transportation,
Division of Highways, as taken or modified from the American Association of State Highway
Officials (AASHO) manuals. The most current edition of the N. C. Department of
Transportation, Division of Highways Subdivision Roads Minimum Constriction Standards,
shall apply for any items not included in this ordinance, or where stricter than this ordinance.
505.8 Right-of-way Widths:
Right-of-way widths shall not be less than the following and shall apply except in
those cases where right-of-way requirements have been specifically set out in the Thoroughfare
Plan.
NE
1
Streets
1. Major Thoroughfare other than Freeway
and Expressway
2. Minor Thoroughfare
a
3. Local Street
4. Cul-de-sac
Minimum Right-of-way (Feet)
80
70*
60*
variable**
*Curb, gutter, and sidewalk will be required on all minor thoroughfares, local
streets, and cul-de-sacs.
**The subdivider will only be required to dedicate a maximum of 100 feet of right-
of- way. In cases where over 100 feet of right-of-way is desired, the subdivider will
be required only to reserve the amount in excess of 100 feet. In all cases in which
right-of-way is sought for an access controlled facility, the subdivider will only be
required to make a reservation.
505.9 Street Paving Widths
Paving widths for street and road classifications shall be as required by the Mutually
Adopted Thoroughfare Plan where applicable and according to the minimum standards adopted
by the NC Department of Transportation
505.10 Minimum Sight Distances
In the interest of public safety, no less than the minimum sight distance applicable
' (for roads), according to the NC Department of Transportation, shall be provided in every
instance.
505.11 Intersections
a) Streets shall be laid out so as to intersect as nearly as possible at right
angles, and no street shall intersect any other street at an angle less than
sixty (60) degrees.
from
b) Property lines at intersections should be set so that the distance the
edge of pavement, of the street turnout, to the property line will be at
least as great as the distance from the edge of pavement to the property
line along the intersecting streets. This property line can be established
as a radius or as a sight triangle. Greater off -sets from the edge of
'
pavement to the property line will be required, if necessary, to provide
sight distance for the vehicle on the side street.
39
1
c) Offset intersections are to be avoided unless exception is granted by the
Division of Highways. Intersections which cannot be aligned should be
separated by a minimum length of 200 feet between survey center lines.
d) Intersections with arterials, collector and thoroughfares shall be at least
one thousand (1000) feet from center line to center line, or more if
required by the North Carolina Department of Transportation.
505.12 Cul-de-sacs
'
Permanent dead end streets should not exceed five hundred (500) feet in length
unless necessitated by topography or property accessibility and in no case shall be permitted to
be over nine hundred (900) feet. Measurements shall be from the point where the center line of
the dead end street intersects with the center of the turnaround of the cul-de-sac. Where one cul-
de-sac intersects with another cull -de -sac, the end of each cul-de-sac shall be no more than 500 to
900 feet from a through street, measured as stated above. The distance from the edge of
pavement on the vehicular turnaround to the right-of-way line shall not be less than the distance
from the edge of pavement to right-of-way line on the street approaching the turnaround. Cul-
de-sacs should not be used avoid connection with an existing street or to avoid the extension of
an important street, unless exception is granted by the Planning Board.
505.13 Alleys
a) Alleys shall be required to serve lots used for commercial and industrial '
purposes except that this requirement may be waived where other definite and
assured provision is made for service access.
Alleys shall not be provided in residential subdivisions unless necessitated by '
unusual circumstances.
b) The width of an alley shall be at least twenty (20) feet.
c) Dead end alleys shall be avoided where possible, but if unavoidable, shall be
provided with adequate turn around facilities at the dead end as may be
approved by the Planning Board.
d) Sharp changes in alignment and grade shall be avoided.
e) All alleys shall be designed in accordance with N. C. Department of
Transportation Standards.
505.14 Other Requirements
a) Through Traffic Discouraged on Residential Collector and Local Streets.
40
Residential collector and local streets shall be laid out in such a way that their
use by through traffic will be discouraged. Streets shall be designed or
walkways dedicated to assure convenient access to parks, playgrounds,
schools, or other places of public assembly.
' 505.15 Sidewalks
Sidewalks will be required by the Planning Board on one or both sides of the street
for minor subdivisions in areas likely to be subject to heavy pedestrian traffic such as near
schools and shopping areas. Sidewalks will be required on both sides of the street in major
subdivisions. Such sidewalks shall be constructed to a minimum width of four (4) feet, and shall
' consist of a minimum thickness of four (4) inches of concrete. All sidewalks shall be placed in
the right-of-way, unless the development is platted as a planned unit or group development.
Sidewalks shall consist of a minimum of six (6) inches of concrete at driveway crossings.
Sidewalks will be required in major subdivisions. In minor subdivisions sidewalks may be
required.
' 505.16 Curb and Gutter
In a minor subdivision curb and gutter may be required. Curb and gutter will be
' required on all local streets in major subdivisions. Curb and gutter will be required on all streets
to be taken over by the Town of Richlands.
' 505.17 Street Names
Proposed streets which are obviously in alignment with existing streets shall be
given the same name. In assigning new names, duplication of existing names shall be avoided
and in no case shall the proposed name be phonetically similar to existing names in the county
irrespective of the use of a suffix such as street, road, drive, place, court, etc. Street names shall
be subject to approval of the Planning Board.
505.18 Street Name and Traffic Control Signs
The subdivider shall be required to provide and erect street name and traffic control
signs to Town standards at all appropriate locations within the subdivision.
505.19 Permits for Connection to State Roads
An approved permit is required for connection to any existing state system road.
This permit is required prior to any construction on the street or road. The application is
available at the office of the nearest district engineer of the Division of Highways.
505.20 Offsets to Utility Poles
Poles for overhead utilities should be located clear of roadway shoulders, preferably
a minimum of at least thirty (30) feet from the edge of pavement on major thoroughfares. On
streets with curb and gutter, utility poles should be set back a minimum distance of six (6) feet
41
from the face of curb.
505.21 Wheelchair Ramps
In accordance with Chapter 136, Article 2A, Section 13644.14, all street curbs in
North Carolina being constructed or reconstructed for maintenance procedures, traffic
operations, repairs, correction of utilities, or altered for any reason, shall provide wheelchair
ramps for the physically handicapped at all intersections where both curb and gutter and
sidewalks are provided and at other major points of pedestrian flow.
505.22 Horizontal Width on Bridge Deck
a) The clear roadway widths for new and reconstructed bridges serving two (2)
lane, two (2) way traffic shall be as follows:
1. Shoulder Section Approach
a. Under 800 ADT Design Year
Minimum 28 feet width face-to-face of parapets or rails or
pavement width plus 10 feet, whichever is greater.
b. 800-2000 ADT Design Year
Minimum 34 feet width face-to-face of parapets or rails or
pavement width plus 12 feet, whichever is greater.
c. Over 2000 ADT Design Year
Minimum 40 feet. Desirable 44 feet width face-to-face of parapets
or rails.
2. Curbs and Gutter Approach
a. Under 800 ADT Design Year. Minimum
24 feet face-to-face of curbs.
b. Over 800 ADT Design Year. Width of approach pavement
measured face-to-face of curbs. Where curb and gutter sections
are used on roadway approaches, curbs on bridges shall match the
curbs on approaches in height, in width of face-to-face curbs, and
in crown drop. The distance from face to curb to face of parapet
or rail shall be 1' 6" minimum, or greater if sidewalks are required.
b) The clear roadway widths for new and reconstructed bridges having four (4) or
42
more lanes serving undivided two-way traffic shall be as follows:
' 1. Shoulder Section Approach
Width of approach pavement plus width of usable shoulders on the
' approach left and right.
Min. 8'; Des. 10'
2. Curb and Gutter Approach
Width of approach pavement measured face-to-face of curbs.
505.23 Private Streets
Private streets must be built to the standards of this ordinance or the State Highway
System standards, whichever is stricter. All construction and maintenance responsibilities for
' private streets must be assigned to a homeowners association established in accordance with the
N.C. Unit Ownership Act. The Town of Richlands shall not in any way be responsible for the
maintenance of these streets.
' Section 1.506. Utiliti .s
' 506.1 Water and Sanitary Sewer System
All lots in subdivisions not connected to the Richlands or the Onslow County Water
system and/or any sewer system must have a suitable source of water supply and sanitary sewage
disposal, which complies with the regulations of the appropriate permitting agency. Lots
connected to private utility systems shall submit evidence authorizing the connection from the
permitting agency.
506.2 Storm Water Drainage System
The subdivider shall provide a surface water drainage system as it relates to streets
and constructed to the standards of the North Carolina Department of Transportation, as
reflected in the Handbook for the Design ofw Surface Drainage Strictures, (1973)
subject to review by the Town's Consulting Engineer.
' a) No surface water shall be channeled or directed into a sanitary sewer.
b) Where feasible, the subdivider shall connect to an existing surface water
drainage system.
c) Where an existing surface water drainage system cannot feasiblely be extended to
the subdivision, a surface drainage system shall be designed to protect
the proposed development from water damage.
43
d) Surface drainage courses shall have side slopes of at least three (3) feet of
horizontal distance for each one (1) foot of vertical distance, and courses shall
be of sufficient size to accommodate the drainage area without flooding, and
designed to comply with the standards and specifications for erosion control
of the North Carolina Sedimentation Pollution Control Act, NCGS 143-34.12,
Chapter 113A, Article 4 and the North Carolina Administrative Code Title 15,
Chapter 4, and any locally adopted erosion and sedimentation control
ordinances.
e) The minimum grade along the bottom of a surface drainage course shall be a
vertical fall of at least one (1) foot in each two hundred (200) feet of
horizontal distance.
f) Streambanks and channels downstream from any land disturbing activity shall
be protected from increased degradation by accelerated erosion caused by
increased velocity of nmoff from the land disturbing activity in accordance
with the North Carolina Sedimentation Pollution Control Act, NCGS 143-
34.12, Chapter I I3A, Article 4 and the North Carolina Administrative Code
Title 15, Chapter 4.
g) Anyone constricting a dam or impoundment within the subdivision must
comply with the North Carolina Dam Safety Law of 1967 and the North
Carolina Administrative Code Title 15, Subchapter 2K.
h) In all areas of special flood hazards, all subdivision proposals shall have
adequate drainage provided to reduce exposure to flood damage.
Storm water drainage as it relates to runoff shall be controlled on site without
the benefit of engineered systems which require intensive maintenance by the
property owner. Consequently, the maximum lot coverage as provided for in
the Town of Richlands Zoning Ordinance shall be adhered to in order to
contain stormwater runoff,
i) When there is a natural stream traversing property subject to this ordinance
and beavers and/or animals which may cause a problem (flooding) are present,
the developer shall take whatever measures necessary to eliminate the animals
in accordance with the law. Once every effort has been expended to eliminate
the problem, the Town will thereafter assume responsibility for problems
created by indigenous wildlife.
506.3 Street Lights
All subdivisions in which the size of the smallest lot is less than ten thousand
(10,000) square feet shall have street lights installed throughout the subdivision in accordance
with the standards approved by the Planning Board. The developer shall be required to pay to
44
1
1
1
the electric company the cost of street lighting installation that exceeds four (4) times the
continuing annual revenue. If underground wiring of street lighting is requested by the
developer or the Town the developer may be required to install all fixed items such as conduit,
pads, manholes and pole foundations; the Town will own and maintain the said fixed items.
506.4 Underground Wiring
All subdivisions in which the smallest lot is less than forty thousand (40,000) square
feet shall have underground wiring. This requirement may be waived by the Planning Board if
underlying rock is less than four (4) feet from surface, in areas where soils have a high water
table, or if there is extensive preexisting overhead wiring on the street in the immediate
neighborhood of the subdivision. Such underground wiring shall be installed in accordance with
the standards of Carolina Power & Light Company. The subdivider shall be required to pay the
charges for installation of the underground service, which charges will be made in accordance
with then effective underground electric service plan as filed with the North Carolina Utilities
Commission.
' Section 507. Ruffering. Recreation and Open Space .e Requirements.
' 507.1 Buffering
Whenever a residential subdivision is located adjacent to an office, institutional,
commercial or industrial use which does not have a buffer, or property zoned for these uses, and
a buffer is not required between these and the subdivision, the subdivider shall provide a buffer
as determined by the Planning Board. The width of the buffer shall be in addition to the lot area
required by the zoning ordinance. The buffer shall become part of the lot on which it is located,
or in the case of commonly -owned property, shall be deeded to the homeowners' association.
507.2 Recreation and Open Space
' a) Every person or corporation who subdivides land for residential purposes shall
be required to dedicate a portion of such land, as set forth in this ordinance for
the purposes of park, recreation, and open space sites to serve the residents of
the subdivision. The amount of land required to be dedicated by a subdivider
shall be based on a formula. The actual amount of land to be dedicated shall
be determined as follows:
The minimum. amount of land that shall be dedicated for recreation, parks, or
open space in all subdivisions shall be one half (1/2) acre for each subdivision
or five (5) percent of the gross acreage, whichever is greatest. No parcels
containing less than '/Z acre shall be accepted. All land so dedicated shall have
at least 20' of access upon a public street or walkway, and the size, shape,
' topography, and subsoils of the dedicated land shall be such as to be useable
for active recreation.
45
507.3 Suitability of Land I
Criteria for evaluating suitability of proposed recreation, parks and open space areas
shall include but not be limited to the following as determined by the Planning Board; in
consultation with Town of Richlands Recreation Advisory Board:
'
a Unity. The dedicated land shall be a single parcel except where it is
tY g p P
determined that two or more parcels would be in the public interest. The
Planning Board may require that parcels be connected, and may require the
'
dedication of a connecting path of up to sixty (60) feet, and in no case less
than thirty (30) feet in width in addition to the land required in section
407.2(a) of this ordinance.
b) Location. The dedicated land shall be located so as to serve the recreation
needs of the immediate neighborhood within the subdivision.
c) Accessibility. Public access to the dedicated land shall be provided either by
an abutting street or public easement. Such easement may be required to be up
to sixty (60) feet in width and shall in no case be less than thirty (30) feet in
width. '
d) Usability. The dedicated land shall be usable for active recreation. (Play
areas, ballfields, tennis courts, or similar recreation uses). Lakes may not be
included in computing amount of land to be dedicated unless acceptable to the
Planning Board. If the Planning Board determines that active recreation needs
are being met by other dedicated parcels or existing recreation facilities, then
land that is suitable for open space may be dedicated.
e) The Town Board may, in cases of unusual or exceptional nature allow
adjustments in the dedication requirements established in or required by this
ordinance. Such adjustments shall be reviewed by the Planning Board before '
action by the Town Board.
f) Conservation and historic preservation easements shall comply with NCGS '
121-34-42. All facilities and improvements and open spaces which the owner
makes an offer of dedication to public use shall be maintained by the owner
until such offer of dedication is accepted by the appropriate public authority. '
Section 508, Other Requirement
508.1 Placement of Monuments
Unless otherwise specified by this ordinance, the Manual of Practice for Land
46
Sun&3jng as adopted by the N. C. State Board of Registration for Professional Engineers and
Land Surveyors, under the provisions of Title 21 of the North Carolina Administrative Code,
' Chapter 56 (21 NCAC 56), shall apply when conducting surveys for subdivisions; to determine
the accuracy for surveys and placement of monuments, control corners, markers, and property
corner ties; to determine the location, design, and material of monuments, markers, control
' corners, and property comer ties; and to determine other standards and procedures governing the
practice of land surveying for subdivisions.
' 508.2 Construction Procedures
No constriction or installation of improvements shall commence in a proposed
subdivision until the preliminary plat has been approved, and all plans and specifications have
been approved by the appropriate authorities.
irk
I
1
No building, zoning or other permits shall be issued for erection of a stricture on any
lot not of record at the time of adoption of this ordinance until all requirements of this ordinance
have been met. The subdivider, prior to commencing any work within the subdivision, shall
make arrangements with the administrator of this ordinance to provide for adequate inspection.
The approving authorities having jurisdiction or their representatives shall inspect and approve
all completed work prior to release of the sureties.
508.3 Oversized Improvements
The Town of Richlands may require installation of certain oversized utilities or the
extension of utilities to adjacent property when it is in the interest of future development. If the
Town requires the installation of improvements in excess of the standards required in this
ordinance, including all standards adopted by reference, the Town shall pay the cost differential
between the improvement required and the standards in this ordinance. The Town may recoup
this cost through acreage fees as set forth in the appropriate Town ordinance.
508.4 Planned Unit Development or Planned Residential Development
Planned Unit Development or Planned Residential Development shall meet the
requirements in Article III, L of the Town of Richlands Zoning Ordinance.
47
1