Subdivision Regulations Draft-1997

)a
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SUBDIVISION REGULATIONS
TOWN OF SWANSBORO
Draft
September 1997
Prepared by
THE WOOTEN COMPANY
Engineering* PlanningeArchitecture
Raleigh/Greenville, North Carolina
The preparation of this report was financed in part through a grant provided by the North Carolina Coastal
Management Program, through funds provided by the Coastal Zone Management Act of 197Z as amended,
which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and
Atmospheric Administration.

TABLE OF CONTENTS
0 ARTICLE I GENERAL PROVISIONS .................................. 1-1
1-1
Authority and Enactment Clause ............................
1-1
1-2
Purpose
1-1
1-3
.............................................
Title ................................................
1-1
1-4
Jurisdiction ...........................................
1-1
1-5
Interpretation .........................................
1-1
1-6
Conflict and Separability ..................................
1-1
1-7
Conformance Prerequisite to Acceptance of Streets, Extension of Public
Services, Etc ..........................................
1-2
1-8
Conformance with Official Plans ............................
1-2
1-9
Amendments ..........................................
1-2
1-10
Variances ............................................
1-2
1-1 1
Enforcement and Penalties ................................
1-3
1-12
Administrator .........................................
1-3
1-13
Effect of Plat on Dedication ...............................
1-3
1-14
Effective Date .........................................
1-4
1-15
Adoption .............................................
1-4
ARTICLE II
DEFINITIONS ..........................................
2-1
2-1
Word Intrepretation.....................................
2-1
2-2
Rules of Construction ....................................
2-1
2-3
Definitions ...........................................
2-1
ARTICLE III PROCEDURES FOR PLAT APPROVAL ......................... 3-1
40 3-1 Exclusion Determination .... 3-1
3-2 Coordination With Other Procedures ......................... 3-1
3-3 Minor Subdivision Qualifications ............................ 3-1
3-4 Minor Subdivision Review and Approval Procedures ............... 3-1
3-5 Major Subdivisions ...................................... 3-2
3-6 Sketch Design Plan ..................................... 3-3
3-6.1 Submission Requirements ......................... 3-3
3-6.2 Sketch Design Plan Review Procedures ................ 3-3
3-7 Preliminary Plat Review and Approval Procedures ................ 3-4
3-7.1 Submission Requirements ......................... 3-4
3-7.2 Preliminary Plat Contents .......................... 3-4
3-7.3 Administrator and Town Staff Review ................. 3-4
3-7.4 Planning Board Review and Action ................... 3-4
3-7.5 Appeals to the Board of Commissioners ................ 3-5
3-8 Final Plat Review and Approval Procedures ..................... 3-5
3-8.1 Conformance With Preliminary Plat ................... 3-5
3-8.2 Submission Requirements ......................... 3-6
3-8.3 Final Plat Contents .............................. 3-6
3-8.4 Administrator and Town Staff Review ................. 3-6
3-8.5 Required Improvements ........................... 3-6
3-8.6 Planning Board Review and Action ................... 3-7
3-8.6 Appeals to the Board of Commissioners ................ 3-7
3-9 Recordation of Final Plats ..::::::::::::::::::::::::::::::: 3-7
3-10 Dedication and Acceptance . 3-7
Table of Contents
May 12, 1997

3-10.1
Rights -of -Way and Easements .......................
3-7
ARTICLE IV
STANDARDS OF DESIGN .................................
4-1
4-1
General
..............................................
4-1
4-1.1
Design .......................................
4-1
4-1.2
Development Name ..............................
4-1
4-1.3
Reasonable Relationship ..........................
4-1
4-2
Suitability of the Land ...................................
4-1
4-3
Lots ................................................
4-2
4-3.2
Lot Line Configuration ............................
4-2
4-3.3
Lot Lines and Drainage ...........................
4-2
4-3.4
Access Requirements ............................
4-2
4-3.4.1 General Access Requirements ...............
4-2
4-3.4.2 Special Access Requirements for Subdivisions on
Thoroughfares and for Nonresidential Subdivisions
4-4
4-3.5
Water and Sewage Disposal ........................
4-4
4-4
Streets
..............................................
4-4
4-4.1
Conformance with Thoroughfare Plans ................
4-4
4-4.2
Conformance with Adjoining Road Systems .............
4-5
4-4.3
Access to Adjoining Property .......................
4-5
4-4.4
Reserve Strips .................................
4-5
4-4.5
Street Classification .............................
4-5
4-4.6
Public Street Design Criteria ........................
4-5
4-4.7
Private Street Design Criteria .......................
4-5
4-4.8
Intersecting Street Angle ..........................
4-6
4-4.9
Cul-de-sac Maximum Length .......................
4-6
4-4.10
Minimum Street Offset
4-6
4-4.1 1
Curb and Gutter ................................
4-6
4-4.12
Temporary Turnarounds ...........................
4-7
4-4.13
Grades .......................................
4-7
4-4.17
Street Construction Plans .........................
4-7
4-4.18
Street Inspection ...............................
4-8
4-4.19
Street Lights ..................................
4-8
4-4.20
Bridges ......................................
4-8
4-5
Blocks
..............................................
4-8
4-5.1
Block Length ..................................
4-8
4-5.2
Block Width ...................................
4-8
4-6
Utilities
and Stormwater Management ........................
4-8
4-6.1
Utility Construction Plans ..........................
4-8
4-6.2
Utility Improvements Inspection .....................
4-8
4-6.3
Public Water and Sewer Construction Requirements .......
4-8
4-6.4
Water and Sewer Connection .......................
4-9
4-6.5
Utility and Drainage Easements .....................
4-9
4-6.6
Stormwater Management .........................
4-10
4-6.7
Fire Hydrants .................................
4-11
4-6.8
Electric Power ................................
4-11
4-6.9
Telephone Service ..............................
4-1 1
4-7
Sidewalks
...........................................
4-11
4-8
Pedestrian Water Access Easements ........................
4-11
4-9
Townhouses .........................................
4-12
Table of Contents
May 1 Z 1997

4-10
Planned Unit Developments ...............................
4-12
40
4-10.1 Coordination with Zoning Provisions .................
4-10.2 Conveyance and Maintenance of Common Open Space .
4-12
4-12
4-1 1
Manufactured Home Subdivisions ..........................
4-13
4-12
Campground Subdivisions ............................ . ...
4-13
4-13
Buffer Areas .........................................
4-13
4-14
Sites for Public Uses ...................................
4-14
4-15
Placement of Monuments ................................
4-14
4-16
Coordination with Zoning Requirements and Other Official Municipal
Ordinances and Plans ...................................
4-14
4-17
Coordination with State and Federal Requirements ..............
4-14
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ARTICLE V SURETIES AND IMPROVEMENTS GUARANTEES ................. 5-1
5-1 Sureties and Improvements Guarantees ....................... 5-1
5-1.1 Agreement and Security .......................... 5-1
5-2 Owner's Associations .................................... 5-3
5-2.1 Establishment of Owners' Association ................. 5-3
5-2.2 Submission of Owners' Association Declaration .......... 5-3
APPENDIX 1: INFORMATION REQUIRED WITH SUBDIVISION APPLICATIONS ..... Al-1
APPENDIX 2: CERTIFICATES ....................................... A2-1
Table of Contents
May 1 Z 1997 iii

ARTICLE I
GENERAL PROVISIONS
1-1 Authority and Enactment Clause
By the authority of Chapter 160A, Article 19, Part 2 of the General Statutes of
North Carolina, the Town of Swansboro Board of Commissioners does hereby exercise
the powers and authority to regulate the subdivision of land within its corporate limits
and extraterritorial jurisdiction. This ordinance shall invalidate and supersede all
previous ordinances pertaining to the matters herein.
1-2 Purpose
The purpose of the Subdivision Ordinance shall be to promote the health, safety
and welfare of the people within the subdivision jurisdiction of the Town of Swansboro
and to provide for the orderly growth and efficient development of the Town.
1-3 Title
This ordinance shall be known as the Subdivision Ordinance of the Town of
Swansboro, North Carolina, and may be cited as the Subdivision Ordinance.
1-4 Jurisdiction
The regulations contained herein, as provided in Section 160A-360 of the General
Statutes of North Carolina, shall govern each subdivision of land within the corporate
limits of the Town of Swansboro as now or hereafter established, and each subdivision
of land situated within the extraterritorial jurisdiction of the Town of Swansboro as
established by an ordinance and map adopted by the Board of Commissioners of the
Town of Swansboro in accordance with Section 160A-360 of the General Statutes of
North Carolina.
1-5 Interpretation
In interpreting and applying the provisions of this ordinance, they shall be held to be
the minimum requirements for the promotion of the public safety, health, and general
welfare.
1-6 Conflict and Separability
This ordinance is not intended to interfere with, annul or abrogate any other ordinance,
rule or regulation, statute or other provision of law applicable to the Town of
Swansboro. Where any provisions of this ordinance impose limitations different from
those imposed by any other provision of this ordinance or any other ordinance, rule or
regulation, or other provision or law, whichever provisions are more restrictive or
impose higher standards shall control.
This ordinance is not intended to abrogate any easement, covenant, or any other
private agreement or restriction, provided that where the provisions of this document
are more restrictive or impose higher standards or regulations than such easement,
covenant, or other private agreement or restriction, the requirements of this ordinance
shall govern. Where the private provisions impose more restrictive or higher standards
than this ordinance than such private provisions shall be operative and supplemental
to these regulations.
Article 1
May 12, 1997 1-1

If any part or provision of these regulations or application thereof to any person
or circumstances is held invalid by any court of competent jurisdiction, such judgement
shall be confined in its operation to the part, provision or application directly involved
in all controversy in which such judgement shall have been rendered. Such judgement
shall not affect or impair the validity of the remainder of this ordinance even without
any such part, provision, or application.
1-7 Conformance Prerequisite to Acceptance of Streets, Extension of Public Services, Etc.
No street shall be maintained by the Town, no street dedication accepted for ownership
and maintenance, no building permits issued nor shall water, sewer or other public
facilities or services be extended to or connected with any subdivision for which a plat
is required to be approved unless and until the requirements set forth in this ordinance
have been met.
1-8 Conformance with Official Plans
All subdivisions shall comply with the principles, goals and objectives of the Town of
Swansboro Land Use Plan, as amended from time to time, and all other officially
adopted plans and policies of the Town. In addition, proposed subdivisions must
comply with the requirements of the zoning regulations of the Town.
1-9 Amendments
The subdivision ordinance may be amended by the following procedures:
(1) Proposed Amendments. Proposed amendments may be initiated by the Board
of Commissioners, Planning Board, Board of Adjustment, or by one or more interested
parties. An application for an amendment shall contain a description of the proposed
subdivision regulation to be amended. Such application shall be filed with the Town
not later than fifteen) days prior to the Planning Board meeting. A fee as established
by the Board of Commissioners shall be paid by the applicant for a variance to cover
the administrative expenses involved. This fee shall not apply to amendments initiated
by any town board.
(2) Action by the Planning Board. The Planning Board shall consider and make
recommendations to the Board of Commissioners concerning each proposed subdivision
ordinance amendment. If no recommendation is received from the Planning Board
within thirty days of first submission to the Town, the proposed amendment shall be
deemed to have been approved by the Planning Board.
(3) Action by the Board of Commissioners. No amendment shall be adopted by the
Board of Commissioners until after public notice and hearing. Notice of public hearing
shall be published once a week for two successive calendar weeks in the local
newspaper, said notice to be published for the first time no less than ten days nor more
than twenty-five days prior to the date fixed for said hearing
1-10 Variances
Where, because of topographical or other conditions peculiar to a site, strict adherence
to the provisions of this ordinance would cause an unnecessary hardship, the Planning
Board may recommend and the Board of Commissioners may authorize a variance if
such variance can be made without destroying the intent of this ordinance. Any
variance thus authorized is required to be entered in writing in the minutes of the
Article 1
May 1 Z 1997 1-2

Planning Board and the Board of Commissioners with the reasoning on which the
departure was justified set forth. In approving variances, the Board of Commissioners
may require such conditions as will, in its judgement, secure substantially the
objectives of the standards or requirements of this ordinance. A fee as established by
the Board of Commissioners shall be paid by the applicant for a variance to cover the
administrative expenses involved.
1-11 Enforcement and Penalties
No owner or agent of the owner of any land located within the territorial jurisdiction of
the Town of Swansboro shall subdivide land in violation of these regulations or transfer
or sell and by reference to, exhibition of or any other use of a plat before the plat has
been properly approved under these regulations and recorded in the office of the
Onslow County Register of Deeds. The description by metes and bounds in the
instrument of transfer or other document used in the process of selling or transferring
land does not exempt the transaction from these regulations. The Register of Deeds
shall not record a plat of any subdivision unless the plat has been approved in the
manner prescribed by these regulations.
The Town, through its attorney or other official designated by the Board of
Commissioners, may enjoin illegal subdivision, transfer or sale of land by action for
injunction. Further, violators of this ordinance shall be subject, upon conviction, to fine
or imprisonment as provided by the General Statutes of North Carolina.
1-12 Administrator
The Board of Commissioners of the Town of Swansboro shall designate such agent or
office of the Town of Swansboro as Administrator of this ordinance as shall be
is determined appropriate.
1-13 Effect of Plat on Dedication
Pursuant to NCGS 160A-374, the approval of a plat shall not be deemed to constitute
or effect the acceptance by the town or public of the dedication of any street or other
ground, public utility line, or public facility shown on the plat. However, the board of
commissioners may, by resolution, accept any dedication made to the public of lands
or facilities for streets, parks, public utility lines, or other public purposes, when the
lands or facilities are located within its subdivision regulation jurisdiction.
Acceptance of dedication of lands or facilities located within the subdivision regulation
jurisdiction but outside the corporate limits of the town shall not place on the town any
duty to open, operate, repair, or maintain any street, utility line, or other land or facility,
and the town shall shall in no event be held to answer in any civil action or proceeding
for failure to open, repair, or maintain any street located outside its corporate limits.
Unless a municipality, county, or other public entity operating a water system shall
have agreed to begin operation and maintenance of the water system or water system
facilities within one year of the time of issuance of a cerficate of occupancy for the
first unit of housing in the subdivision, a municipality or county shall not, as part of its
subdivision regulations applied to facilities or land outside the corporate limits of a
municipality, require dedication of water systems of facilities as a condition for
subdivision approval.
Article 1
May 1 Z 1997 1-3

•
•
1-14 Effective Date
This ordinance shall take effect and be in force from and after the _ day of ,
1997.
1-15 Adoption
Be it ordained by the Board of Commissioners of the Town of Swansboro that this
ordinance be adopted this the _ day of , 1997.
Patti S. Chandler
Town Clerk
Paul W. Edgerton
Mayor
Article 1
May 12, 1997 1-4

ARTICLE II
DEFINITIONS
2-1 Word Intrepretation
Words not defined in this Ordinance shall be given their ordinary and common meaning.
2-2 Rules of Construction
For purposes of this Ordinance, the following rules of construction shall apply:
(1) Tense: Words used in the present tense include the future tense;
(2) Singular and Plural: Words used in the singular number include the plural
number, and the plural number includes the singular number, unless the context
of the particular usage clearly indicates otherwise;
(3) Mandatory Meaning: The words 'shall', 'will', and 'must' are mandatory in
nature implying an obligation or duty to comply with the particular provision;
(4) Gender: Words used in the male gender include the female gender; and
(5) References: Any reference to an Article or Section shall mean an Article or
Section of this Ordinance, unless otherwise specified.
40 2-3 Definitions
Access Easement. An easement which grants the right to cross property.
Administrator. The person authorized by Section 1-12 who is responsible for
administering and enforcing this ordinance.
Alley. A strip of land, owned publicly or privately, set aside primarily for vehicular
service access to the rear or side of properties otherwise abutting a street.
Areas of Environmental Concern (AEC). Areas of an environmentally sensitive nature
designated by the North Carolina Coastal Resources Commission as required under the
Coastal Area Management Act of 1974.
Block. The land lying within an area bounded on all sides by streets, railroads, public
parks, bodies of water, or a combination thereof..
Board of Commissioners. The Board of Commissioners of the Town of Swansboro,
North Carolina.
Buffer. An area of natural or planted vegetation through which stormwater runoff
flows in a diffuse manner so that the runoff does not become channelized and which
provides for infiltration of the runoff and filtering of pollutants. The buffer is measured
landward from the normal pool elevation of impounded structures and from the bank
of each side of streams and rivers.
Article 2
May 12, 1997 2-1

Buffer Strip. A solid fence or wall or planted strip up to twenty (20) feet in width
which may be composed of deciduous and/or evergreen trees, or dense shrubs which
is being established and maintained by the owner. If existing vegetation is equal to or
above Planning Board requirements, then additional vegetation shall not be required.
Building. Any structure that encloses a space used for sheltering any occupancy. Each
portion of a building separated from other portions by a fire wall shall be considered a
separate building
Building Setback Line. A line establishing the minimum allowable distance between the
principal building and the street right-of-way line or the property line.
CAMA. Coastal Area Management Act.
Campground Subdivision. An area subdivided into lots for the temporary location of
recreational vehicles, campers, tents, or travel trailers but not for manufactured homes
and permanent structures.
Collector Street. A street whose principal function is to carry traffic between
cul-de-sac, local, and subcollector streets, and streets of higher classification, but
which may also provide direct access to abutting properties.
Common Area(s). All areas, including private streets, conveyed to an owners'
association within a development, or owned on a proportional undivided basis in a
condominium development.
Condominium. Portions of real estate which are designated for separate ownership,
and the remainder of which is designated for common ownership solely by the owners
of those portions. Real estate is not a condominium unless the undivided interests in
the common elements are vested in the unit owners.
Corner Lot. A lot abutting upon two or more streets at their intersection.
Cul-de-Sac Street. A short local street having one end open to traffic and the other
end permanently terminated by a vehicular turnaround.
Dedication. A gift by a property owner to another being received for the transfer. The
dedication is made by written instrument and is completed with a written acceptance.
Developer. A person engaging in development.
Double Frontage Lot. A lot having frontage on two parallel or approximately parallel
streets.
Drainage Easement. An easement which grants the right of water drainage to pass in
open channels or enclosed structures.
Drainageway. Any natural or man-made channel that carries surface runoff from
precipitation.
Article 2
May 12, 1997 2-2

Dwelling. One or more rooms designed, occupied or intended for occupancy as
separate living quarters, with cooking, sleeping and sanitary facilities provided therein.
Units in dormitories, hotels, motels, shelters for the homeless, or other structures
designed for transient residents are not dwelling units.
Dwelling, Four -Family. A building on one lot arranged and designed to be occupied by
four families living independently of each other.
Dwelling, Single -Family. A building arranged and designed to be occupied by one
family.
Dwelling, Three -Family. A building on one lot arranged and designed to be occupied
by three families living independently of each other.
Dwelling, Townhouse. A single-family attached dwelling, dwelling situated on its own
individual lot, generally within a development containing drives, walks, and open space
in common areas. Ownership is passed in fee -simple subject only to party wall rights
by agreements set forth in the restrictive covenants.
Dwelling, Two -Family (Duplex). A building on one lot arranged and designed to be
occupied by two families living independently of each other.
Easement. A grant by the property owner for use by the public, corporation, or
person(s), of a strip of land for specified purposes.
is
Extraterritorial Planning Area. That portion of the Swansboro planning jurisdiction that
lies outside of the corporate limits of the Town of Swansboro.
Flag Lot. A lot that is composed of a narrow 'flagpole' strip extending from the street
and much wider 'flag' section lying immediately behind a lot or lots having the required
street frontage for a conventional lot. In the case of a flag lot, the lot line at the end
of the flag pole lying generally parallel to the street to which the flagpole connects shall
be considered to be the front lot line for setback purposes.
Flood Prone Areas. Areas indicated on the Flood Insurance Rate Maps of the National
Flood Insurance Program to be susceptible to inundation during a 100-year flood. In
the absence of 100-year flood data, other flood data may be used if approved by the
National Flood Insurance Program.
Frontage Road. A local street or road that is parallel to a full or partial access
controlled facility and functions to provide vehicular access to adjacent land.
Interior Lot. A lot other than a corner lot.
Local Street. A street whose primary function is to provide access to abutting
properties.
Lot. A portion of a subdivision or any other parcel of land intended as a unit for
transfer of ownership, or for development or both. The word 'lot' includes 'plot',
'parcel', or 'tract'.
Article 2
May 12, 1997 2-3

Lot Area. The total area circumscribed by boundaries of a lot except that when the
legal instrument creating a lot shows the boundary of the lot extending into a public
street or private right-of-way, then the lot boundary for purposes of computing the lot
area shall be the street right-of-way line, or if the right-of-way line cannot be
determined, a line running parallel to and 30 feet from the center of the traveled portion
of the street.
Lot Coverage. The portion of a lot covered by building(s) and/or structure(s).
Lot Depth. The distance measured along the perpendicular bisector of the smallest
possible rectangle enclosing the lot.
Lot of Record. A lot, plot, parcel, or tract recorded in the Office of the Onslow County
Register of Deeds in conformance with the ordinance(s) in effect at the time of
recordation.
Lot Width. The horizontal distance between the side lines of a lot measured at right
angles to its depth along a straight line parallel to the front lot line at the minimum
required building setback line.
Major Thoroughfare Street. Major thoroughfares consist of interstate, other freeway,
expressway, or parkway links, and major streets that provide for the expeditious
movement of high volumes of traffic within and through urban areas.
Major Subdivisions. A subdivision involving more than two lots or requiring an access
easement(s), or requiring a new public or private street(s) for access to interior
property, or requiring extension of a public sewer or water line, or requiring a variance
from any requirement of this ordinance.
Manufactured Home. A dwelling unit that(i) is not constructed in accordance with the
standards set forth in the North Carolina State Building Code, and (ii) is composed of
one or more components, each of which was substantially assembled in a
manufacturing plant and designed to be transported to the home site on its own
chassis, and (iii) exceeds forty feet in length and eight feet in width.
Manufactured Home Park. A residential use in which two or more manufactured
homes are located on a single lot or tract.
Manufactured Home Subdivision. A residential subdivision containing manufactured
homes situated on their individual lot.
Marginal Access Street. A service street that runs parallel to a major thoroughfare,
minor thoroughfare, or collector street which, for purposes of safety, provides access
to abutting properties and separation of through traffic.
Minimum Requirements. All sizes, setbacks and other requirements of this Ordinance
are minimum requirements and may be increased.
Minor Subdivisions. A subdivision involving not more than two lots fronting on an
existing approved public road(s), not requiring any new public or private street(s) nor
Article 2
May 12, 1997 2-4

easements for access to interior property, not requiring extension of a public sewer or
water line, and not requiring a variance from any requirement of this ordinance.
Minor Thoroughfare Street. Minor thoroughfares collect traffic from collector,
subcollector, and local streets and carry it to the major thoroughfare system. Minor
thoroughfares may be used to supplement the major thoroughfare system by facilitating
movement of moderate volumes of traffic within and through urban areas and may also
serve abutting property.
Modular Home. A dwelling unit constructed in accordance with the standards set forth
in the North Carolina State Building Code and composed of components substantially
assembled in a manufacturing plant and transported to the building site for final
assembly on a permanent foundation. A modular home may consist of two or more
sections, or a series of panels or room sections erected or joined together on the site.
Official Maps and Plans. Any maps and plans officially adopted by the Town
Commissioners as a guide for development in the Town of Swansboro.
Open Space. An area (land and/or water) generally lacking in man-made structures and
reserved for enjoyment.
Owner. A holder of any legal or equitable estate in the premises, whether alone or
jointly with others, and whether in possession or not.
Owner's Association. An organization of homeowners or property owners owning real
property, residing, or operating a business within a particular subdivision or
development whose major purpose is to maintain and provide community facilities,
services, or land for common use of the residents or property owners of the subdivision
or development.
Planned Unit Development (PUD). A permitted use designed to provide developments
incorporating a single type or a variety of residential and related uses which are
planned and developed as a unit. Such development may consist of individual lots or
common building sites. Common open space must be an element of the plan related
to affecting the long-term value of the entire development.
Planning Board. The Town of Swansboro Planning Board.
Plat. A surveyed map or plan of a parcel of land which is to be, or which has been,
subdivided.
Plat, Final. The final map of all or a portion of a subdivision or site, showing the
boundaries and location of lots, streets, easements and any other requirements of
Appendix 1, which is presented for town approval and sussequent recordation in the
Onslow County Register of Deeds Office.
Plat, Preliminary. A map indicating the proposed layout of the subdivision or site
showing lots, streets, water, sewer, storm drainage, and any other requirements of
Appendix 1, which is presented for preliminary approval.
Article 2
May 12, 1997 2-5

Principal Building A building in which is conducted the principal use of the buildable
lot on which it is located or, in a group housing development, of the building site on
which it is located.
Private Drive. A vehicular travelway not dedicated or offered for dedication as a public
street, providing access to parking lot(s) for two or more principal buildings in a group
housing development.
Private Sewer. A system which provides for collection and/or treatment of wastewater
from a development, or property, and which is not maintained with public funds.
Private Street. A vehicular travelway not dedicated or offered for dedication as a
public street, but resembling a cul-de-sac or a local street by carrying traffic from a
series of driveways to the public street system. The platting of such streets requires
a Subdivision Streets Disclosure Statement in accordance with NCGS 136-102.6.
Private Water. A system which provides for the supply and/or distribution of potable
water for use by a development, project, or owner, and which is not operated or
maintained by a government organization or utility district.
Public Sewer. A system which provides for the collection and treatment of sanitary
sewage from more than one property, and is owned and operated by a government
organization or sanitary district and is approved by the Division of Water Quality of the
NC Department of Environmental Health and Natural Resources.
Public Street. A dedicated public right-of-way for vehicular traffic which 1) has been
accepted by the Town of Swansboro or the NCDOT for maintenance; or 2) is not yet
accepted but in which the roadway design and construction have been approved under
public standards for vehicular traffic.
Public Water. A system which provides distribution of potable water to fifteen or more
service connections or which serves 25 or more customers on a regularly basis, is
owned and operated by a government organization or utility district, and is approved
by the Division of Environmental Health, NC Department of Environmental Health and
Natural Resources.
Recreational Vehicle (Travel Trailer/Camper). A vehicle which is built on a single
chassis, designed to be self-propelled or permanently towable by a light duty vehicle,
and designed primarily not for use as a permanent dwelling, but as temporary living
quarters for recreational, camping, travel or seasonal use.
Reservation. An obligation shown on a plat to keep property free from development
for a stated period of time or indefinitely. It is not a dedication nor a conveyance.
Reverse Frontage Lot. A through lot which is not accessible from one of the parallel
or non -intersecting streets upon which it fronts.
Setback. The minimum required horizontal distance between a structure or activity and
the property line or the street right-of-way line.
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Setback, Front. Any setback from a street or road.
• Setback, Interior. A setback from any property line not alongside a street.
•
Setback, Rear. A setback from an interior property line lying on the opposite side of
the lot from the front street setback.
Setback, Side. Any interior property line setback other than a rear setback.
Setback, Side Corner. A street setback on a corner lot other than a front setback. For
purposes of this ordinance, the Administrator shall determine which setback is the front
setback.
Sight Distance Area, Horizontal. The area formed by extending lines from the point of
intersection of intersecting streets along the centerline of such streets for a distance
of forty feet and connecting the ends of such lines by a straight line to form the base
for a triangle. Each of the two sides of the triangle will be forty feet in length.
Sight Distance Area, Vertical. The area between three feet and ten feet above the
horizontal area measured from the level of the point of intersection of the centerlines
of the intersecting streets.
Sight Distance Easement. An easement which grants to the Town of Swansboro the
right to maintain unobstructed view across property located at a street intersection.
Storm Drainage Facilities. The system of inlets, conduits, channels, ditches and
appurtenances which serve to collect and convey stormwater through and from a given
drainage area.
Stormwater Runoff. The direct runoff of water resulting from precipitation in any form.
Street. A dedicated and accepted public right-of-way for vehicular traffic.
Street Right -of -Way. A strip of land occupied or intended to be occupied by a
travelway for vehicles and also available, with the consent of the appropriate
governmental agency, for installation and maintenance of sidewalks, traffic control
devices, traffic signs, street name signs, historical marker signs, water lines, sanitary
sewer lines, storm sewer lines, gas lines, power lines, and communication lines.
Subdivider. Any person, firm, corporation or duly authorized agent who subdivides or
develops any land deemed to be a subdivision as defined herein.
Subdivision. Any division of a tract or parcel of land into two (2) or more lots, building
sites or other divisions for the purpose of sale or building development, whether
immediate or future, and shall include any division of land involving the dedication of
a new street or a change in an existing street; but the following shall not be included
within this definition or be subject to the regulations established within:
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May 12, 1997 2-7

1. The combination or recombination of portions of previously platted lots where
• the total number of lots is not increased and the resultant lots are equal to or
exceed the standards of the municipality as shown in its subdivision regulations;
2. The division of land into parcels greater than ten (10) acres where no street
right-of-way dedication is involved;
3. The public acquisition by purchase of strips of land for the widening or opening
of streets; and
4. The division of a tract in single ownership, the entire areas of which 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.
•
•
Thoroughfare Plan. A plan adopted by the Board of Commissioners for the
development of existing and proposed major streets that will adequately serve the
future travel needs of an area in an efficient and cost effective manner.
Through Lot. A lot abutting two streets that do not intersect at the corner of the lot.
Town. The Town of Swansboro, North Carolina.
Townhouses. A group of single-family attached dwellings, each dwelling situated on
its own individual lot, generally within a development containing drives, walks, and
open space in common areas. Ownership is passed in fee -simple subject only to party
wall rights by agreements set forth in the restrictive covenants.
Townhouse Lot. A parcel of land intended as a unit for transfer of ownership, and
lying underneath, or underneath and around, a townhouse, patio home, or unit in a
nonresidential group development.
Tract. All continuous land and bodies of water in one ownership, or contiguous land
and bodies of water in diverse ownership, being developed as a unit, although not
necessarily all at one time.
Utility Easement. An easement which grants to the Town of Swansboro or other utility
provider the right to install and thereafter maintain any and all utilities including, but
not limited to, water lines, sewer lines, septic tank drain fields, storm sewer lines,
electrical power lines, telephone lines, natural gas lines and community antenna
television systems.
Variance. Official permission from the Board of Commissioners to depart from the
requirements of this Ordinance (see Section 1-10).
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•
ARTICLE III
PROCEDURES FOR PLAT APPROVAL
3-1 Exclusion Determination
If a proposed division of land meets one or more of the exclusions under the
definition of 'Subdivision' in Article II (Definitions), the owner may submit to the
Administrator maps, deeds, or other materials in sufficient detail to permit a
conclusive determination by the Administrator. An owner of land who wishes to
record a plat of such a division of land shall obtain a Certificate of Exception (see
Appendix 2) from the Administrator.
3-2 Coordination With Other Procedures
To lessen the time required to attain all necessary approvals and to facilitate the
processing of applications, an applicant may start the subdivision approval process
simultaneously with other applications for approvals required for the particular
project.
3-3 Minor Subdivision Qualifications
The Administrator shall approve or disapprove minor subdivision plats in accordance
with the provisions of this Section. A minor subdivision, as defined in Article II, is a
subdivision involving not more than two lots fronting on an existing, approved
public road(s), not requiring any new public or private road(s) nor easements for
access to interior property, not requiring an extension of a public sewer or water
line, and not requiring a variance from any requirement of this Ordinance.
3-4 Minor Subdivision Review and Approval Procedures
The applicant for minor subdivision plat approval is encouraged to confer with the
Administrator prior to submitting a minor subdivision plat for a determination of
whether the approval process authorized by this Section can be and should be
utilized. The Administrator may require the applicant to submit whatever
information is necessary to make this determination.
3-4.1 The applicant for minor subdivision plat approval shall submit to the
Administrator a plat drawn in waterproof ink on a sheet made of material and of a
size that will be acceptable to the Onslow County Register of Deeds Office for
recording purposes. When more than one sheet is required to include the entire
subdivision, all sheets shall be made of the same size and shall show appropriate
match marks on each sheet and appropriate references to other sheets of the
subdivision. The scale of the plat shall be at one inch equals not more than one
hundred feet. The applicant shall also submit six prints of the plat as well as any
required application form and required fee.
3-4.2 The minor subdivision plat shall contain the following information:
(A) The name of the subdivision, which name shall not duplicate the
name of any existing subdivision as recorded in the Onslow
County Registry;
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May 12, 1997 3-1

(B) The name of the subdivision owner or owners;
0 (C) The township, county and state where the subdivision is located;
(D) The name of the surveyor and his registration number and the date
of survey;
(E) The scale according to which the plat is drawn in feet per inch or
scale ratio in words or figures and bar graph;
(F) All of the additional information required by NCGS. § 47-30,
NCGS. § 39-32.3, and Appendix 1; and
(G) All of the applicable certificates required in Appendix 2.
3-4.3 The Administrator shall take expeditious action on an application for minor
subdivision plat approval. A decision shall be rendered by the Administrator within
ten days after receipt of the proposed minor subdivision plat. If no decision is
rendered by the Administrator within the required 10-working day period, the
applicant may appeal to the Planning Board for review of the application under the
major subdivision approval process. Either the Administrator or the applicant may
at any time refer the application to the Planning Board for review under the major
subdivision approval process.
3-4.4 Subject to subsection 3-4.2, the Administrator shall approve the proposed
subdivision unless the subdivision is not a minor subdivision as defined in Article II
or the application or the proposed subdivision fails to comply with any other
applicable requirement of this ordinance.
3-4.5 If the subdivision is disapproved, the Administrator shall promptly furnish the
applicant with a written statement of the reasons for disapproval.
3-4.6 Approval of any plat is contingent upon the plat being recorded within thirty
days after the date the Certificate of Approval is signed by the Administrator or his
designee. Failure to record the approved plat within the specified 30-day period
shall render the plat null and void.
3-5 Major Subdivisions
A major subdivision, as defined in Article II, is a subdivision involving more than two
lots, or requiring an access easement(s), or requiring a new public or private
street(s) for access to interior property, or requiring extension of a public sewer or
water line, or requiring a variance from any requirement of this ordinance. When a
subdivision is to be developed in stages, a preliminary plat shall be submitted for the
entire development. A final plat may be submitted for each stage. A minor
subdivision plat may also be reviewed and approved under the major subdivision
process upon the referral of the Administrator or the minor subdivision plat
applicant.
The procedures for the review of a major subdivision involve (i) sketch design plan
review by the town staff, (ii) preliminary plat review and approval by the Planning
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•
Board, and (iii) final plat review by the town staff and approval by the Planning
Board.
3-6 Sketch Design Plan
3-6.1 Submission Requirements
The subdivider shall submit to the Administrator a sketch design plan prior to
submitting a preliminary plat. Sketch design plans are optional for successive
phases of a previously approved subdivision. The.sketch design plan shall conform
to the following requirements:
(A) A minimum number of eight copies of a sketch design plan shall be
submitted.
(B) A sketch design plan shall be drawn at a scale of approximately one inch to
one hundred feet unless the size of property dictates a larger scale.
(C) The sketch design plan shall depict or show:
1. A sketch vicinity map showing the location of the subdivision in
relation to neighboring tracts, subdivisions, streets and
waterways.
2. Total acreage to be subdivided, minimum lot size, street and lot
layout, and acreage left in open spaces or other uses.
3. Existing uses of the land within the subdivision and adjoining it.
4. The name, address and telephone number of the owner and
developer.
5. Streets and lots of adjacent developed or platted properties.
6. Zoning classifications of the tract and of adjacent properties.
7. Areas of Environmental Concern.
3-6.2 Sketch Design Plan Review Procedures
The Administrator and town staff shall review the sketch design plan for
general compliance with this ordinance. The Administrator shall then advise,
within ten days, 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. This
review shall in no way be construed as constituting an official action of
approval for recording of the subdivision by the Planning Board as required
by these regulations.
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3-7 Preliminary Plat Review and Approval Procedures
3-7.1 Submission Requirements
The applicant for preliminary subdivision plat approval shall submit, at least
15 working days prior to the regularly scheduled Planning Board meeting at
which the plat will be considered, 16 blueline prints of the proposed
subdivision. When more than one sheet is required to include the entire
subdivision, all sheets shall be made of the same size and shall show
appropriate match marks on each sheet and appropriate references to other
sheets of the subdivision. The scale of the plat shall be at one inch equals
not more than one hundred feet. The applicant shall also submit any
required application forms and any required fee.
3-7.2 Preliminary Plat Contents
The preliminary plat shall be consistent in concept with the previously
approved sketch plan and shall contain the following information:
(A) The name of the subdivision, which name shall not duplicate the
name of any existing subdivision as recorded in the Onslow
County Registry;
(B) The name of the subdivision owner or owners;
(C) The township, county and state where the subdivision is located;
(D) The name of the surveyor, surveyor's registration number, and the
date of survey;
(E) The scale according to which the plat is drawn in feet per inch or
scale ratio in words or figures and bar graph; and
(F) All of the additional information required by NCGS. § 47-30,
NCGS § 39-32.3, and Appendix 1.
3-7.3 Administrator and Town Staff Review
Upon receipt of the requisite copies of the proposed preliminary plat, the
Administrator shall schedule a meeting of the town staff to review the plat.
Following the town staff review, the Administrator shall forward the staff's
findings and recommendations to the Planning Board and to the applicant at
least 5 days prior to the Planning Board meeting. If the Administrator
determines that the plat is incomplete, the Administrator shall notify the
applicant of the deficiencies. Plats shall not be forwarded to the Planning
Board until all deficiencies have been corrected.
3-7.4 Planning Board Review and Action
The Planning Board shall review the preliminary plat and the findings and
recommendations of the Administrator and town staff, and any other reports
or recommendations pertaining to the plat and shall approve, approve with
conditions, or disapprove the preliminary plat. The Planning Board shall
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May 12, 1997 3-4

review and take action on each preliminary plat within sixty days after first
consideration by the Planning Board.
(A) If approval is granted, written confirmation shall be made on two
copies of the preliminary plat. One copy of the approved
preliminary plat shall be returned to the applicant. Approval of the
preliminary plat is authorization for the applicant to proceed with
the construction of the necessary improvements. Preliminary
approval shall be valid for a period of 12 months from the date of
approval of the plat by the Planning unless an extension of time is
applied for and granted by the Planning Board or unless a longer
time period is established under applicable vested rights
provisions. Preliminary plats whose approval has elapsed shall be
resubmitted in accordance with the provisions of this Section.
(B) If the Planning Board conditionally approves the preliminary plat,
the conditions and reasons thereof shall be stated in writing.
(C) If the Planning Board disapproves the preliminary plat, the reasons
for disapproval shall be stated in writing and reference shall be
made to the specific section(s) of this ordinance with which the
plat does not comply. The applicant may make the recommended
revisions and submit a revised preliminary plat or may appeal the
disapproval of the preliminary plat to the Board of Commissioners
in accordance with the procedures delineated in Section 3-7.5.
(D) If the Planning Board fails to approve or disapprove the preliminary
plat request within 45 days from the date that the plat is initially
reviewed by the Planning Board, the Administrator shall forward
the application to the Board of Commissioners for review and
approval. In such case, the Board of Commissioners shall follow
the same review and approval procedures as established in this
Section.
3-7.5 Appeals to the Board of Commissioners
If the preliminary plat is disapproved by the Planning Board, the applicant
may appeal the decision by requesting, through the Town Manager, that the
preliminary plat be scheduled for review by the Board of Commissioners
according to the same review and approval procedures set forth in Section 3-
7.4.
3-8 Final Plat Review and Approval Procedures
3-8.1 Conformance With Preliminary Plat
The final plat shall conform substantially to the approved preliminary plat. If
the submitted final plat deviates in its overall design from the approved
preliminary plat, the plat shall be reviewed by the Planning Board following
the same review and approval procedures set forth in Section 3-7 for
preliminary plats.
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3-8.2 Submission Requirements
The applicant for final plat approval shall submit to the Administrator a final
plat made of material and of a size that will be acceptable to the Onslow
County Register of Deeds Office for recording purposes. When more than
one sheet is required to include the entire subdivision, all sheets shall be
made of the same size and shall show appropriate match marks on each
sheet and appropriate references to other sheets of the subdivision. The
scale of the plat shall be at one inch equals not more than one hundred feet.
The applicant shall also submit sixteen prints of the plat as well as any
required application forms and any required fee.
3-8.3 Final Plat Contents
The final plat shall contain the following information:
(A) The name of the subdivision, which name shall not duplicate the
name of any existing subdivision as recorded in the Onslow
County Registry;
(B) The name of the subdivision owner or owners;
(C) The township, county and state where the subdivision is located;
(D) The name of the surveyor, surveyor's registration number, and the
date of survey;
(E) The scale according to which the plat is drawn in feet per inch or
0 scale ratio in words or figures and bar graph;
•
(F) All of the additional information required by NCGS. § 47-30,
NCGS § 39-32.3, and Appendix 1; and
(G) All of the applicable certificates required in Appendix 2.
3-8.4 Administrator and Town Staff Review
Upon receipt of the requisite copies of the proposed final plat, the
Administrator shall schedule a meeting of the town staff to review the plat.
Following the town staff review, the Administrator shall forward the staff's
findings and recommendations to the Planning Board and to the applicant at
least 5 days prior to the Planning Board meeting. If the Administrator
determines that the plat is incomplete, the Administrator shall notify the
applicant of the deficiencies. Plats shall not be forwarded to the Planning
Board until all deficiencies have been corrected.
3-8.5 Required Improvements
No final plat shall be approved until all required improvements have been
installed and approved or appropriate surety has been provided as set forth in
Section ????.
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3-8.6 Planning Board Review and Action
The Planning Board shall review the final plat and the findings and
recommendations of the Administrator and town staff, and any other reports
or recommendations pertaining to the plat and shall approve, approve with
conditions, or disapprove the final plat. The Planning Board shall review and
take action on each final within sixty days after first consideration by the
Planning Board.
(A) If approval is granted, a signed written certification to this effect
shall be entered on the face of the plat in accordance with the
requirements of Appendix 2.
(B) If the Planning Board conditionally approves the final plat, the
conditions and reasons thereof shall be stated in writing.
(C) If the Planning Board disapproves the final plat, the reasons for
disapproval shall be stated in writing and reference shall be made
to the specific section(s) of this ordinance with which the plat
does not comply. The applicant may make the recommended
revisions and submit a revised final plat or may appeal the
disapproval of the preliminary plat to the Board of Commissioners
in accordance with the procedures delineated in Section 3-8.6.
(D) If the Planning Board fails to approve or disapprove the final plat
request within 45 days from the date that the plat is initially
reviewed by the Planning Board, the Administrator shall forward
the application to the Board of Commissioners for review and
approval. In such case, the Board of Commissioners shall follow
the same review and approval procedures as established in this
Section.
3-8.6 Appeals to the Board of Commissioners
If the final plat is disapproved by the Planning Board, the applicant may
appeal the decision by requesting, through the Town Manager, that the final
plat be scheduled for review by the Board of Commissioners according to
the same review and approval procedures set forth in Section 3-8.6.
3-9 Recordation of Final Plats
Approval of a final plat is contingent upon the plat being recorded in the Office of
the Register of Deeds written 60 days after the approval date of the final plat.
Failure to record the approved plat within the specified 60-day period shall render
the plat null and void.
3-10 Dedication and Acceptance
3-10.1 Rights -of -Way and Easements
(A) The approval and recordation of a final plat does constitute an
offer to dedicate but does not constitute dedication to and
acceptance for maintenance responsibility by the town or the
Article 3
May 1 Z 1997 3-7

•
public of any public road, alley, or utility or drainage easement
shown on such plat. Improvements within such rights -of -way or
easements, such as utility lines, road paving, drainage facilities, or
sidewalks may, however, be accepted for maintenance by the
North Carolina Department of Transportation or by the private
utility provider upon compliance with applicable NCDOT and
private utility provider guidelines and standards.
(B) Open Space. Land designed as public open space on a final plat
shall be considered to be offered for dedication until such offer is
officially accepted by the Town. The offer may be accepted by
the Town through:
(1) Express action by the Board of Commissioners of the Town of
Swansboro;
(2) Express action by an administrative officer designated by the
Board of Commissioners of the Town of Swansboro; or
(3) Conveyance of fee simple marketable title (unencumbered
financially and environmentally) of the property to theTown at
the time of final plat recordation.
Until such dedication has been accepted, land so offered may be
used for open space purposes by the owner or by the owners'
association. Land so offered for dedication shall not be used for
any purpose inconsistent with the proposed public use.
(C) Maintenance. The developer shall be responsible for the
maintenance of all facilities and improvements until an offer of
dedication is accepted.
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May 12, 1997 3-8

•
•
ARTICLE IV
STANDARDS OF DESIGN
4-1 General
4-1.1 Design
All proposed subdivisions shall comply with this Article, shall be designed to
promote beneficial development of the community, and shall bear a
reasonable relationship to the approved plans of the Town.
4-1.2 Development Name
In no case shall the name of a proposed development duplicate or be
phonetically similar to an existing development name in Swansboro unless
the proposed development lies adjacent or in proximity to the existing
development.
4-1.3 Reasonable Relationship
All required improvements, easements, and rights -of -way (other than
required reservations) shall substantially benefit the development or bear a
reasonable connection to the need for public facilities attributable to the new
development.
Whenever a tract to be subdivided includes or adjoins any part of a
thoroughfare or collector road as designated by an officially adopted Town
Thoroughfare Plan, that part of such proposed public right-of-way shall be
dedicated as public right-of-way within the subdivision plat in the location
and to the width recommended by the Thoroughfare Plan or this Article.
4-2 Suitability of the Land
(A) Land which the Planning Board has determined, either through its own
investigations or the investigations of other public agencies, to be unsuitable
for development because of flooding, poor drainage, steep slopes, poor soil
conditions and other such physical features which may endanger health, life,
or property or necessitate the excessive expenditure of public funds for the
provision and/or maintenance of public services shall not be approved for
subdivision unless methods are formulated by the developer for mitigating
the problems created by the subdivision of such land.
(B) 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 type of
construction proposed.
(C) All subdivisions shall be consistent with the provisions of the Swansboro
Flood Damage Prevention Ordinance. Required public utilities and facilities in
all subdivisions shall be installed so as to minimize flood damage.
Article 4
May 1 Z 1997
4-1

(D) Where Areas of Environmental Concern have been identified, the suitability
• Aof the land in those areas will be based upon the guidelines and standards
developed in accordance with the Coastal Management Act of 1974.
4-3 Lots
The size, shape, and orientation of lots shall be appropriate for the location of the
proposed subdivision and for the type of development contemplated and shall
conform to the following:
4-3.1 Conformance to Other Regulations
(A) Every lot shall have sufficient area, dimensions, and street access
to permit a principal building to be erected thereon in compliance
with the applicable requirements of the Swansboro Zoning
Ordinance and other requirements of this Ordinance. Lots not
served by public wate and/or sewer service shall comply with the
specifications and standards of the Onslow County Health
Department, but in no case shall the lot size be less than the
minimum lot size required in the underlying zoning district.
(B) Lots within Planned Residential Developments, townhouse
developments, manufactured home subdivisions, and campground
subdivisions shall comply with the applicable requirements of the
Swansboro Zoning Ordinance.
• 4-3.2 Lot Line Configuration
Side lines of lots should be at or near right angles or radial to street lines.
No intersecting lot lines shall have an angle of less than 60 degrees.
L�
4-3.3 Lot Lines and Drainage
Lot boundaries shall coincide with natural and pre-existing man-made
drainageways to the extent practicable to avoid lots that can be built upon
only by altering such drainageways (see also Section 4-6.5, Utility and
Drainage Easements).
4-3.4 Access Requirements
4-3.4.1 General Access Requirements
All lots must have public street access and frontage meeting the
requirements set forth in this Ordinance and in the Swansboro
Zoning Ordinance. The following exceptions may be approved:
(A) Flag Lots (See Figure ???) meeting the following
requirements:
(1) A flag lot shall serve only one single-family dwelling and
its unhabitated accessory structures;
(2) The maximum flagpole length shall be 300 feet;
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May 12, 1997 4-2

(3) The minimum flagpole width shall be 25 feet;
• (4) The maximum lot size in areas with public sewer shall
be 1 acre. The maximum lot size without public sewer
shall be 3 acres. (Note: The flagpole portion of lot is
not used to calculate area, width, depth, coverage, and
setbacks of the lot or to provide off-street parking.);
(5) The minimum separation between the flagpole portion
of the lot and that of another flag lot shall be 150 feet;
(6) Where public water is available, any building on the flag
lot must be within 500 feet of a hydrant. This distance
shall be measured along the street, then along the
flagpole, then in a straight line to the building location;
(7) Where public sewer is available, occupied buildings on
the flag lot shall have a gravity service line, or the
sewer pump requirements shall be noted on the plat;
and
(8) Use of a single driveway to serve a flag lot and an
adjoining lot is permitted and encouraged; the preferred
location for the driveway is on the flagpole portion of
the flag lot, with the conventional lot granted an access
•
easement over the flagpole.
(B) Lots served by Exclusive Access Easements (See Figure
????) meeting the following criteria:
C7
(1) An Exclusive Access Easement shall serve only one
single-family dwelling and its uninhabited accessory
structures;
(2) Lots to be served by an Exclusive Access Easement
shall not be created in an area served by public water or
sewer;
(3) The minimum lot size shall be 3 acres (excluding the
easement portion);
(4) The minimum easement width shall be 25 feet;
(5) The maximum easement length shall be 300 feet;
(6) The minimum separation between the easement portion
and any other platted access or right-of-way shall be
150 feet;
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May 12, 1997 4-3

(7) The location of the easement must be recorded on a
plat; and
(8) The Exclusive Access Easement shall permit ingress,
egress, and regress and necessary utilities required to
serve the lot.
(C) Lots and units located in developments with Owners'
Associations or in group developments in which permanent
access is guaranteed by means of approved private streets
and/or drives designed in accordance with the requirements
of the Swansboro Zoning Ordinance.
4-3.4.2 Special Access Requirements for Subdivisions on Thoroughfares and
for Nonresidential Subdivisions
(A) Major subdivisions shall not be approved that permit
individual residential lots with direct vehicular access to
thoroughfares, as shown on the adopted thoroughfare plan,
unless the Planning Board determines that no practicable
alternative for access exists. If reverse frontage lots are
required by the Planning Board, vehicular access shall be
permitted only to the subordinate internal subdivision street.
• (B) In order to reduce traffic congestion, commercial and
industrial subdivisions may be required to provide a frontage
road along major thoroughfares, as shown on the adopted
thoroughfare plan, unless the Planning Board determines
that no practicable alternative for access exists. Where a
frontage is required, intersections with public streets shall be
spaced no closer than 800 feet. Frontage roads may be
permitted within the rights -of -way of existing streets subject
to the approval of the NCDOT or the Town of Swansboro, as
applicable.
4-3.5 Water and Sewage Disposal
Every lot in a subdivision shall be served by a water supply system and a
sewage disposal system that (i) is adequate to accommodate the reasonable
needs of the proposed use of the lot and (ii) complies with all applicable
health regulations and/or the Town of Swansboro's specifications and
standards for water and sewer facilities.
4-4 Streets
4-4.1 Conformance with Thoroughfare Plans
The location and design of streets shall be in conformance with any
applicable, adopted thoroughfare plan. Where conditions warrant, right-of-
way widths and pavement widths in excess of the minimum street standards
may be required.
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May 1Z 1997 4-4

4-4.2 Conformance with Adjoining Road Systems
• The planned street layout of a proposed subdivision shall be compatible with
existing or proposed streets and their classifications on adjoining or nearby
tracts.
4-4.3 Access to Adjoining Property
Where, in the opinion of the Planning Board, it is desirable to provide for
street access to adjoining property, proposed streets shall be extended,
dedicated, and, where appropriate, constructed to the boundary of such
property.
4-4.4 Reserve Strips
Reserve strips adjoining streets rights -of -way for the purposes of preventing
access to adjacent property shall not be permitted under any condition.
4-4.5 Street Classification
The final determination of the classification of streets in a proposed
subdivision shall be made by the Town.
4-4.6 Public Street Design Criteria
Public streets proposed to be dedicated to the Town shall be designed in
accordance with Town of Swansboro Street Construction Standards and
Specifications (see Appendix ????). Public streets proposed to be dedicated
to the State shall be designed in accordance with standards and
• specifications of the North Carolina Department of Transportation (NCDOT).
4-4.7 Private Street Design Criteria
•
(A) Private streets shall be permitted in developments with Owners'
Associations.
(B) The minimum design standards for all private streets will be
equivalent to the minimum Town of Swansboro Street Construction
Standards and Specifications.
(C) An Owners' Association is required to own and maintain all
privatestreets allowed under this Ordinance. All private streets will be
indicated as such on the plat.
(D) No through street in a residential area connecting two public streets
can be designated as a private street, unless approved by the
Planning Board.
(E) All private streets, connecting with public streets, require an approved
driveway application from the NCDOT.
(F) In the event sidewalks are constructed, the minimum width shall be 4
feet.
Article 4
May 1 Z 1997 4-5