Subdivision Regulations-1998

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SUBDIVISION REGULATIONS
TOWN OF SWANSBORO
Adopted by the Board of Commissioners
July 21, 1998
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 1972, as amended, which is administered by the
Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration.

TABLE OF CONTENTS
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 ............................................
1-3
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 Interpretation ..................................... 2-1
2-2 Rules of Construction .................................... 2-1
2-3 Definitions ........................................... 2-1
ARTICLE III
PROCEDURES FOR PLAT APPROVAL ........................
3-1
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 .........................
3-5
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
3-8.7 Appeals to the Board of Commissioners ...............
3-7
3-9
Recordation of Final Plats .................................
3-7
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July 21, 1998 i

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3-10
Dedication and Acceptance ................................
3-7
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
4-3.1
Conformance to Other Regulations ...................
4-2
4-3.2
Lot Lines 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 ....................................
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
4-4.14
Sight Distance Easements .........................
4-7
4-4.15
Street Names and Property Addresses ................
4-7
4-4.16
Street Name and Traffic Control Signs ................
4-7
4-4.17
Street Construction Plans .........................
4-7
4-4.18
Street Inspection ........
4-8
4-4.19
Street Lights
4-4.20
..................................
Bridges
4-8
4-5
Blocks
......................................
4-8
......... .............
4-8
4-5.1
Block Length ..................................
4-8
4-5.2
Block Width
4-6
Utilities
...................................
and Stormwater Management
4-8
........................
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 .......
4-9
4-6.4
Water and Sewer Connection .......................
4-9
4-6.5
Utility and Drainage Easements .................... 4-10
4-6.6
Stormwater Management ........................ 4-10
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July 21, 1998
M

4-6.7 Fire Hydrants .................................
4-11
4-6.8 Electric Power .............................
4-11
4-6.9 Telephone Service .............................
4-11
4-7
Sidewalks ...........................................
4-11
4-8
Pedestrian Water Access Easements ........................
4-12
4-9
Townhouses .........................................
4-12
4-10
Planned Unit Developments ...............................
4-12
4-10.1 Coordination with Zoning Provisions .................
4-12
4-10.2 Conveyance and Maintenance of Common Open Space ...
4-12
4-11
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
4-18
Parks and Recreation Space Requirements ....................
4-14
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
' July 21, 1998 N

1.
IARTICLE 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 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
Article 1
July 21, 1998 1-1

LIB
than this ordinance than such private provisions shall be operative and supplemental
to these regulations.
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:
(A) 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 an amendment to cover the administrative expenses involved.
This fee shall not apply to amendments initiated by any town board.
(B) 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 sixty days of first submission to the Town, the proposed
amendment shall be deemed to have been approved by the Planning Board.
(C) 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.
Article 1
July 21, 1998
1-2

r
'
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
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
1
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 Town Manager shall designate such agent or office of the Town of Swansboro as
Administrator of this ordinance as shall be 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.
r
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 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.
Article 1
July 21, 1998
1-3

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 certificate 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.
1-14 Effective Date
This ordinance shall take effect and be in force from and after the 21 day of July,
1998.
1-15 Adoption
Be it ordained by the Board of Commissioners of the Town of Swansboro that this
ordinance be adopted this the 21 st day of July, 1998.
Patricia Elledge
Town Clerk
Article 1
July 21, 1998
Paul W. Edgerton
Mayor
1-4

ARTICLE II
DEFINITIONS
2-1 Word Interpretation
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:
(A) Tense: Words used in the present tense include the future tense;
(B) 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;
(C) Mandatory Meaning: The words 'shall', 'will', and 'must' are mandatory in nature
implying an obligation or duty to comply with the particular provision;
(D) Gender: Words used in the male gender include the female gender; and
(E) References: Any reference to an Article or Section shall mean an Article or
Section of this Ordinance, unless otherwise specified.
2-3 Definitions
Access Easement. An easement which grants the right to cross property.
Administrator. The person/office 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
' Article 2
July 21, 1998
2-1

' landward from the normal pool elevation of impounded structures and from the bank
of each side of streams and rivers.
■ Buffer Strip. An area reserved, in accordance with the provisions of Section 4-13, by
the subdivider and delineated on a subdivision plat for the planting of trees and shrubs
' by future lot owners.
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.
H
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.
Article 2
July 21, 1998
2-2

Drainageway. Any natural or man-made channel that carries surface runoff from
precipitation.
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.
Extraterritorial Jurisdiction (ETJ). 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.
Article 2
July 21, 1998
2-3

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'.
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 3 or more lots.
Manufactured Home. A dwelling unit, designed for use as a permanent residence, that
is composed of one or more components, each of which was substantially assembled
in a manufacturing plant and designed for installation or assembly and installation on
the building site.
' 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 two lots or less.
' Article 2
July 21, 1998
2-4

■`� 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 subsequent 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
July 21, 1998
W

f.
�s+
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 and which is not maintained with public funds.
property,
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.
' Article 2
July 21, 1998 2-6
IJ

1
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:
' Article 2
July 21, 1998
2-7

I
(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).
Article 2
July 21, 1998
FZI

11.0
I. 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 ll, is a
subdivision involving two lots or less.
' 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, to be distributed to and reviewed by the town departments, as well as any
' required application form and required fee. If the minor subdivision plat is to be
reviewed by the Planning Board as provided for in Section 3-4.3, ten additional
prints of the plat shall be required.
' 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;
(B) The name of the subdivision owner or owners;
' Article 3
July 21, 1998
3-1

■ (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-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 sixty
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 60-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 3 or more lots.
'
When a subdivision is to be developed in stages, a sketch design plan and 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 and Planning Board, (ii) preliminary plat review by the town
staff and approval by the Planning Board, and (iii) final plat review by the town staff
and approval by the Planning Board.
Article 3
July 21, 1998
3-2

■ 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 sixteen copies of a sketch design plan shall be
submitted 15 days prior to the regularly scheduled Planning Board
meeting date.
I(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, town staff, and Planning Board 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
I
these regulations.
' Article 3
July 21, 1998
3-3

r
4
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
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
'r 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;
I(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 distribute the copies to the town staff for review of 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 review
and take action on each preliminary plat within sixty days after first
'
consideration by the Planning Board.
' Article 3
July 21, 1998
3-4
1:

'
(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
s
be returned to the applicant. A preliminary plat is
PP � Approval of the reliminar
'
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 by Planning
granted the
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.
' 3-8.2 Submission Requirements
The applicant for final plat approval shall submit, at least 15 days prior to the
' regularly scheduled Planning Board meeting at which the plat will be considered,
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
' Article 3
July 21, 1998 3-5

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 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.
t
3-8.4 Administrator and Town Staff Review
Upon receipt of the requisite copies of the proposed final plat, the Administrator
shall distribute copies to the town staff for review of 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
' Articles IV and V.
' Article 3
July 21, 1998
3-6

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
e�
Board of Commissioners shall follow the same review and approval
procedures as established in this Section.
3-8.7 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.
E
E
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 within 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
Article 3
July 21, 1998
(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 public of any public road,
3-7

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 the Town 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.
Article 3
July 21, 1996 3-8

UARTICLE 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. The design of all
utility, stormwater, street, recreation, and park improvements shall be
reviewed and approved by the town staff, NCDOT, or the applicable service
provider.
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.
' Article 4
July 21, 1998
4-1

1
' f (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.
(D) Where Areas of Environmental Concern have been identified, the suitability
' of 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 water 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 district.
underlying zoning
'
(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.
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 meeting the following requirements:
(1) A flag lot shall serve only one single-family dwelling and
' its unhabitated accessory structures;
Article 4
July 21, 1998 4-2

'
(2)
The maximum flagpole length shall be 300 feet;
(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;
i(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 meeting the.
following criteria:
'
(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);
1
(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;
Article 4
' July 21, 1998
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 road 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.
Article 4
' July 21, 1998 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,
I
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. 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).
17
L
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 state -maintained 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
' July 21, 1998 4-5

(G) A disclosure statement in accordance with NCGS 136-102.6 shall
be recorded simultaneously with the plat and referenced on the final
plat. The disclosure statement must contain the provision(s) for
construction and/or maintenance of the private street (see Appendix
2).
4-4.8 Intersecting Street Angle
(A) All streets shall intersect at or as near to 90 degrees as possible
within topographic limits, and no street shall intersect any other
street at an angle less than 75 degrees.
(B) All streets crossing natural areas, wetlands, or stream buffers must
cross at or as near to 90 degrees as possible within topographic
limits.
4-4.9 Cul-de-sac
The maximum distance from an intersecting through street to the end of a
cul-de-sac shall be 900 feet, except where, upon the the approval of the
Planning Board, existing conditions warrant a modification of this requirement.
The radius of the paved portion of a cul-de-sac street shall be a minimum of
40 feet.
4-4.10 Minimum Street Offset
(A) Where streets are offset, the centerlines shall be offset no less than
150 feet.
(B) Except where no other alternative is practicable or legally possible,
no two streets may intersect with any other street on the same side
at a distance of less than 400 feet measured from centerline to
centerline of the intersecting street. When the intersecting street is
a major thoroughfare, the distance between intersecting streets shall
be at least 1,000 feet.
4-4.11 Curb and Gutter
(A) Curbs and gutters shall be required in all subdivisions unless a
variance from this requirement is specifically granted by the Board
of Commissioners. Curbs and gutters shall be constructed in
conformance with the design criteria of the Town of Swansboro
Street Construction Standards and Specifications.
(B) As provided in NCGS 136-44.14, whenever curb and gutter
construction is used on public streets, wheelchair ramps for the
handicapped shall be provided at intersections and other major points
of pedestrian flow. Wheelchair ramps and depressed curbs shall be
constructed in accordance with published standards of the NCDOT.
Article 4
July 21, 1998 4-6

i
t4-4.12 Temporary Turnarounds
Streets stubbed to adjoining property or phase lines may be required to have
a temporary turnaround at the end of the street which will be sufficient to
t permit service vehicles to turn around. The radius of the temporaty turn
around shall be a minimum of 40 feet.
t4-4.13 Grades
(A) The maximum grade at any point on a street constructed without
' curb and gutter shall be six percent. On streets constructed with
curb and gutter, the grade shall not exceed six percent unless no
other practicable alternative is available. In no case, however, may
' streets be constructed with grades that exceed ten percent.
(B) The grade on stop streets approaching an intersection shall not
exceed 5 percent for a distance of not less than 100 feet from the
' centerline of the intersection.
4-4.14 Sight Distance Easements
' Triangular sight distance easements shall be shown in dashed lines at all
street intersections and so noted on the subdivision plat. These easements
will remain free of all structures, trees, shrubbery, and signs, except utility
poles, fire hydrants, and traffic control signs. The location and extent of sight
distance easements will be determined by the Town and by the NCDOT on
all state -maintained streets.
4-4.15 Street Names and Property Addresses
Streets which are obviously in alignment with existing streets shall generally
�-
bear the: name of the existing street. Street names shall not duplicate or
closely approximate phonetically the names of existing streets in Swansboro.
Street suffixes and addresses shall conform to the standards established by
the Town of Swansboro.
4-4.16 Street Name and Traffic Control Signs
Street name and traffic control signs which meet the Town of Swansboro and
NCDOT specifications shall be placed at all public and private street
intersections. The Town of Swansboro shall approve the location of all signs
' to be place on town -maintained street rights -of -way prior to installation. The
developer shall be responsible for installing all street name and traffic control
signs. The maintenance of signs on private streets and drives shall be the
responsibility of the owner or of an Owners' Association, as applicable.
4-4.17 Street Construction Plans
Construction plans for all streets that are proposed to be town -maintained
1 shall be submitted to the Town following preliminary plat approval.
Construction plans for all subdivision streets that are proposed for state
maintenance shall be submitted to the NCDOT following preliminary plat
' approval. No street improvements shall be constructed until street
' Article 4
July 21, 1998
4-7

construction plans have been reviewed and approved by the either the Town
or the NCDOT, as applicable.
4-4.18 Street Inspection
Work performed pursuant to approved street construction plans shall be
inspected and approved by either the Town or the NCDOT, as applicable.
4-4.19 Street Lights
Street lights shall be provided in accordance with the Town's policies,
standards, and specifications for street lighting.
4-4.20 Bridges
All bridges shall be constructed in accordance with the standards and
specifications of the NCDOT, except that bridges on roads that will not be
publicly dedicated may be approved if designed by a registered, professional
engineer.
4-5 Blocks
4-5.1 Block Length
Intersecting streets shall be laid out at such intervals that block lengths are
not more than 1,500 feet nor less than 400 feet except where, upon the
approval of the Planning Board, existing conditions justify a modification of
this requirement.
4-5.2 Block Width
Blocks shall have sufficient width to provide for two tiers of lots of
appropriate depth, except where otherwise required to separate residential
development from through traffic or nonresidential uses.
4-6 . Utilities and Stormwater Management
4-6.1 Utility Construction Plans
Construction plans for all water and sanitary sewer facilities shall be
submitted to the Town or other appropriate utility provider following
preliminary plat approval. For each subdivision section, the utility
construction plans shall include all improvements lying within or adjacent to
that section as well as all water and sanitary sewer lines lying outside that
section and being required to serve that section. No utility improvements
shall be constructed until the utility construction plans have been reviewed
and approved by the applicable utility provider.
4-6.2 Utility Improvements Inspection
Work performed pursuant to approved utility construction plans shall be
inspected and approved by the applicable utility provider.
' Article 4
July 21, 1998
4-8

' 4-6.3 Public Water and Sewer Construction Requirements
(A) Water and sewer lines, connections, and equipment shall be
constructed in accordance with state and local regulations and
policies and to the specifications and standards of the applicable
' utility provider.
(B) In the interest of adequately providing service to adjacent properties,
' The Town of Swansboro may require the installation of certain
oversized utility improvements or the extension of utility
improvements to adjacent properties. If the Town requires the
installation of utility improvements in excess of the standards and
specifications required in this Ordinance as well as those adopted by
reference, the Town shall pay the cost of differential between the
required oversized improvements and the standard improvements
' required by this Ordinance.
(C) As -built drawings shall be submitted to the Administrator within 30
' days of the completion or installation of required utility, stormwater,
street, park, and recreational improvements. Final plat approval shall
be withheld until all required as -built drawings are provided to the
Town.
4-6.4 Water and Sewer Connection
' (A) Connection of each lot to public water and sewer utilities shall be
required if the proposed subdivision is within two hundred feet of the
nearest adequate lines of a public system, provided that no
geographic or topographic factors would make such connection
infeasible or that a specific variance of this requirement is granted
' by the Board of Commissioners. Where public sewer is not available,
lots shall be evaluated, at the developer's expense, in accordance
with "Laws and Rules for Sanitary Sewage Collection, Treatment,
' and Disposal 15 A NCAC 18 A 1990." Approval of the Onslow
County Health Department shall be obtained after preliminary plat
approval. The final plat shall show lot(s) denied or not evaluated
' crosshatched and labeled "NO IMPROVEMENT PERMIT HAS BEEN
ISSUED FOR THIS LOT."
(B) Water and sewer lines shall be constructed in conformance with the
design criteria of the Town of Swansboro Water and Wastewater
Improvements Standards and Specifications or to the standards and
specifications of another water and sewer service provider if
applicable.
' (C) Water and/or sewer connections to subdivisions located within the
town's ETJ shall be approved by the Town of Swansboro Board of
Commissioners or other applicable utility provider prior to preliminary
' plat approval. Voluntary annexation of such subdivisions shall be a
Article 4
July 21, 1998 4-9

I F
prerequisite to the provision of water and/or sewer service by the
Town of Swansboro.
4-6.5 Utility and Drainage Easements
(A) Easements shall be provided for electrical, telephone, natural gas,
cable television, water, and sewer utilities where necessary to serve
every platted lot. The developer and the utility provider(s) shall
' agree on the location and the width of the easements. Any
easements for subsurface sewage disposal systems shall be
delineated on the final plat and described by bearings and distances.
' (B) The developer shall transfer to the applicable utility provider the
necessary ownership or easement rights to enable the utility provider
' to operate and maintain the utility facilities. In addition, the
developer shall dedicate sufficient easement rights to accommodate
the extension of utility service to adjacent or nearby properties
whenever it can reasonably be anticipated .that utility facilities
' constructed in one development will be extended to serve other
adjacent or nearby developments.
'
(C) Where a subdivision is traversed by a water course, drainageway,
channel or stream, there shall be provided a storm water easement
or drainage right-of-way conforming substantially with the lines of
'
such water course, and such further width or construction, or both,
as will be adequate for the purpose of drainage. Parallel streets may
be required in connection therewith.
'
(D) Lakes, ponds, creeks, and similar areas will be accepted for
maintenance only if sufficient land is dedicated as a public recreation
'
area or park or if such area constitutes a necessary part of the
drainage control system. The acceptance of such dedicated areas
must be reviewed and recommended by the Planning Board before
'
the Board of Commissioners will consider accepting it.
4-6.6 Stormwater Management
'
(A) An surface water drainage system, including necessary open ditches,
pipes, culverts, intersectional drains, drop inlets, bridges, etc., shall
be provided for the proper drainage of all surface water. The surface
water drainage system plan shall be designed in accordance with the
Sedimentation Pollution Control Act, the North Carolina Stormwater
Run-off Regulations , the Handbook for the Design of Highway
'
Surface Drainage Structures, and the specifications and standards
of the Town of Swansboro.
(B) The storm drainage system shall follow existing topography as nearly
as practical, shall divert stormwater away from surface waters, and
shall incorporate stormwater Best Management Practices to minimize
Article 4
July 21, 1998 4-10

adverse water quality impacts. The banks of ditches shall be
immediately seeded upon grading and installation of utilities and the
' ditch itself shall be improved with appropriate vegetative cover to
retard erosion.
'
(C) No surface water shall be channeled into a sanitary sewer.
(D) Storm drainage systems shall be enclosed and buried underground
with minimal disruption of surface features, unless the Town
'
approves an alternative surface storm drainage system design.
(E) Where feasible, the subdivider shall connect the new subdivision's
storm drainage system to an existing storm drainage system. Where
an existing storm drainage system cannot feasibly be extended to
the new subdivision, a drainage system shall be designed to protect
the proposed development from water damage. Ten-year storm
drainage data shall be used as a minimum standard for storm
'
drainage system design.
4-6.7
Fire Hydrants
Every subdivision served by a public water system shall include a system of
'
fire hydrants sufficient to provide adequate fire protection for the buildings
intended to be located within such subdivision. Fire hydrants shall conform
to the Town of Swansboro Water Improvements Standards and
'
Specifications, the standards and specifications of another water service
provider if applicable, or the NFPA standards, whichever is more stringent.
'
4-6.8
Electric Power
Every lot within a subdivision shall have available to it a source of electric
power adequate to accommodate the reasonable needs of the uses
'
anticipated within the subdivision.
4-6.9
Telephone Service
Every lot within a subdivision shall have available to it a telephone service
cable adequate to accommodate the reasonable needs of the uses anticipated
within the subdivision.
'
4-7 Sidewalks
(A)
Sidewalks are required along all streets; on corner lots, sidewalks shall be
installed along both streets. Sidewalks and sidewalk/driveway intersections
shall be constructed consistent with the specifications of the Town of
'
Swansboro as they may be amended from time to time.
(B) As provided in NCGS 136-44.14, whenever curb and gutter construction is
used on public streets, wheelchair ramps for the handicapped shall be
provided at intersections and other major points of pedestrian flow.
Wheelchair ramps and depressed curbs shall be constructed in accordance
with published standards of the NCDOT.
Article 4
July 21, 1998
4-11

1. 4-8 Pedestrian Water Access Easements
(A) All subdivisions adjoining a waterfront shall provide for public access to the
water. Such access shall be one ten -foot pedestrian easement for each six
hundred feet or portion thereof of frontage on the water.
(B) In subdivisions with three hundred feet or less of water frontage, the Planning
Board may not require a pedestrian easement to be included, provided that an
existing pedestrian easement to the water is within three hundred feet of the
' nearest point of said subdivision.
(C) All pedestrian easements shall be directly accessible to a publicly maintained
street right-of-way or approved private street right-of-way. The Board of
Commissioners shall determine if easements are to be dedicated to the Town
of Swansboro.
(D) Should a publicly maintained street right-of-way be relocated, pedestrian
easements shall be extended to the new right-of-way.
(E) Where an existing pedestrian easement dedicated to the Town of Swansboro,
the State of North Carolina or the United States Government is within an area
to be subdivided, such easement may count towards meeting the
requirements contained herein.
(F) The Board of Commissioners may, in lieu of requiring the installation of
' pedestrian easements, allow the subdivider to donate land to the Town of
Swansboro that is adjacent to and provides access to the waterfront and is
at least equivalent in size to the total square footage of required easements.
The donated property shall be in the general vicinity of the subdivision. A
combination of donated land and easements may also be allowed.
4-9 Townhouses
Subdivisions designed to accommodate townhouse development shall comply with the
additional applicable provisions of the Swansboro Zoning Ordinance.
4-10 Planned Unit Developments
4-10.1 Coordination with Zoning Provisions
Planned Unit Developments shall comply with the applicable provisions of the
Swansboro Zoning Ordinance. The review of applications and site plans for
a PUD and the plat review process shall be conducted simultaneously.
4-10.2 Conveyance and Maintenance of Common Open Space
Article 4
July 21, 1998
(A) All common open space, shown on the final plat plan and recorded
in the Onslow County Office of the Register of Deeds, must be
conveyed by the following method:
4-12

By leasing or conveying title (including beneficial
ownership to a corporation, association or other legal
entity). The terms of such lease or other instrument of
conveyance must include provisions suitable to the
Planning Board for guarantee: (1) the continued use of
such land for the intended purposes; (2) continuity of
proper maintenance for the portions of the open space
land requiring maintenance; and, (3), when appropriate,
the availability of funds required for such maintenance.
(B) Planned Unit Developments shall reserve not less than twenty
percent of gross acreage as open space. Said open space shall be
portionally distributed throughout the total residential area as nearly
as possible.
(C) A minimum of twenty-five percent of the required open space shall
be developed for recreational purposes and said recreation space
may be located in one or more sites within the total area occupied
by the PUD. Recreation space herein defined may be natural or
landscaped for the use of active or passive recreation and should be
located in a usable recreational area.
In any event, the developer must file in the Onslow County Register
of Deeds office, at the time the approved final subdivision map is
filed, legal documents which will produce the aforesaid guarantees
and, in particular, will provide a method for restricting the use of
common space for the designated purposes.
4-11 Manufactured Home Subdivisions
Subdivisions designed to specifically accommodate manufactured housing shall comply
with the additonal provisions of the Swansboro Zoning Ordinance.
4-12 Campground Subdivisions
Subdivisions designed to specifically accommodate recreational vehicles, campers,
tents, or travel trailers shall comply with the additonal provisions of the Swansboro
' Zoning Ordinance.
' 4-13 Buffer Areas
(A) In subdivisions located in residential zoning districts, a buffer strip at least
twenty feet in depth, in addition to normal lot depth or width required, shall
' be provided adjacent to all major and minor thoroughfare highways, and
industrial and commercial uses or zoning districts. This strip shall be a part
of the platted lots and shall have the following notation lettered on the face
of the plat: 'This strip is reserved for the planting of trees or shrubs by the
property owner; the building of structures hereon is prohibited.'
' Article 4
July 21, 1998
4-13

1-
(B)
4-15 Placement of Monuments
The Standards of Practice for Land Surveying in North Carolina, as adopted by the
North Carolina State Board of Registration for Professional Engineers and Land
Surveyors, shall apply when installing monuments.
4-16 Coordination with Zoning Requirements and Other Official Municipal Ordinances and
Plans
Proposed subdivisions must comply in all respects with the requirements of the Town
of Swansboro Zoning Ordinance and with any ordinances and plans officially adopted
by the Town. Whenever there is a conflict between requirements, the more restrictive
shall apply.
4-17 Coordination with State and Federal Requirements
All lots, structures, utilities, land disturbing activities, and filling activities shall comply
with any applicable state and federal regulations, including but not limited to, the
Coastal Area Management Act (CAMA) of 1974; Section 404 of the Clean Water Act,
Code of Federal Regulations; and the Sedimentation Pollution Control Act of 1973.
Whenever there is a conflict between requirements, the more restrictive shall apply.
4-18 Parks and Recreation Space Requirements
(A) Policy. It is the policy of the Board of Commissioners of the Town of
Swansboro that the citizens of the Town and its extraterritorial zoning
jurisdiction area should be afforded reasonable facilities to promote recreation
and other leisure time activities and that developers of new residential areas
should share in the expense of providing such facilities.
(B) Applicability. This Article shall apply to all major subdivisions of property
within the Town of Swansboro or its extraterritorial zoning jurisdiction area.
(C) Dedication or Payment In Lieu of Dedication Required. Whenever any person
subdivides any property for residential purposes, the subdivider shall:
(1) Dedicate to the Town of Swansboro a portion of said property or a
portion of other property reasonably nearby such property for the
purposes of parks and recreation or
(2) Make a cash payment in lieu of such dedication in accordance with
the provisions of this Article.
Article 4
July 21, 1998 4-14

1 r.
'
(D) Acceptance of Dedication or Payments in Lieu of Dedication. Except as
provided in Section F. below, the decision of the Board of Commissioners as
'
to whether it will accept a dedication of property or a cash payment in lieu of
dedication shall be in the sole discretion of the Board of Commissioners and
the Board of Commissioners shall consider any recommendation of the Parks
'
and Recreation Board of the Town of Swansboro before making its decision,
provided that the Board of Commissioners shall not be bound by the
recommendation of the Parks and Recreation Board.
'
(E) Size and Nature of the Dedication. The area required to be dedicated
pursuant to this Ordinance shall be computed as follows: The total number
'
of lots or units in the subdivision shall be multiplied by the average family size
as determined in the most recent United States Census. That product shall
then be multiplied by eight one thousandths (0.008) acre per person. That
product shall then be multiplied by the appropriate 'Density Multiplier' as set
'
out in the table below. That product shall then be expressed in acres and
shall be the 'Area Required' to be dedicated. Thus the formula can be
'
summarized as:
Total Average 0.008
number of Family Size acres/ Density Area
'
X X X =
lots/units per last person Multiplier Required
Census
'Density
The Multiplier' to be used in any case shall be the figure from the
tables set out below which corresponds to the Average Acreage per lot or
'
unit in the subdivision.
Average Acreage Per Lot/Unit Density Multiplier
0.00-0.09 1.8
0.10-0.19 1.6
0.20-0.29 1.4
0.30-0.49 1.0
'
0.50-0.59 0.9
0.60-0.69 0.8
0.70-0.79 0.7
'
0.80-0.89 0.6
0.9 + 0.5
' F Exception. If the computation e u above produces r than
() p p set out p o uces a product of less
two acres, then the subdivider shall make a cash payment in lieu of
dedication.
1
Article 4
' July 21, 1998 4-15

L
C
(G) Dedication to Town Exclusive. All dedications required by this Ordinance shall
be to the Town of Swansboro and not a private homeowners association or
similar entity.
(H) Location of Dedicated property. The property dedicated need not be in the
subdivision but if not located within the subdivision, the property dedicated
shall be reasonably near and accessible from the subdivision.
(1) Access. The property dedicated shall abut or have adequate access to a
public street.
W) Features of Dedicated Property. The property dedicated shall consist
substantially of usable space with no more than one-fourth of said property
consisting of floodplains, wetlands, or any area the topography of which
renders it substantially unusable for typical recreation activities.
(K) Board's Discretion Concerning Time and Nature of Development. The Board
of Commissioners shall have the right to accept, develop and maintain the
dedicated property in accordance with its determination of public needs.
M Amount of Payment In Lieu of Dedication. In case of a decision by the Board
of Commissioners to require a cash payment in lieu of dedication of property
as permitted in Section D. above, or in the case of an exception pursuant to
Section F. above, the cash payment in lieu of dedication shall be paid by the
subdivider to the Town of Swansboro and placed by the Town of Swansboro
in an account which may be named the 'Parks and Recreation Space Reserve
Fund' and may be used only for the acquisition or development of parks
and/or recreation spaces and/or open space sites for the subdivision being
developed, provided that such cash payment may be used by the Town for
the acquisition or development of parks and/or recreation spaces and/or open
space sites which may be used to serve both the subdivision being developed
and any other subdivision or subdivisions within the immediate area. The
amount of the payment in lieu of dedication shall be based on the tax value
of the subdivision as of the time of preliminary plat approval and shall be the
product obtained by multiplying the tax value of the subdivision by a fraction,
the numerator of which is the 'Area Required' pursuant to the computations
prescribed in Section E. above, and the denominator of which is the total area
of the development or subdivision, i.e.:
Article 4
July 21, 1998
'Area Required'
(Tax value X (Section E.) - Payment Required)
Total Area of
Development
4-16

All sums payable pursuant to the Section shall be paid in full prior to final plat
approval.
(M) Reservations of Space for Community Facilities. Whenever the tract to be
subdivided includes property included in any official Land Use Plan,
Comprehensive Long-term Plan, or other similar official plan, or when the
scale of the development indicates the need for such community facilities (for
example, but not by way of limitation, schools, fire stations, sewer lift
stations, or other public facilities), the developer shall reserve such sites for
a period of twenty-four months after preliminary plan approval. If neither the
Town of Swansboro, the County of Onslow nor any other entity having the
power of eminent domain has undertaken negotiations to purchase such areas
or begun eminent domain proceedings with respect to such sites within said
twenty-four month period, then the reservations shall be deemed to have been
rejected and the property subject to such reservations shall be released
therefrom.
(N) Variances. When situations exist such that compliance with the letter of this
Ordinance would cause an unusual, unavoidable and unnecessary hardship on
the subdivider, the Board of Commissioners may vary the minimum
requirements set forth herein in accordance with the provisions of Section 1-
10.
' Article 4
July 21, 1998
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IF
A
r
k
ARTICLE V
SURETIES AND IMPROVEMENTS GUARANTEES
5-1 Sureties and Improvements Guarantees
5-1.1 Agreement and Security
Article 5
July 21, 1998
(A) In lieu of requiring the completion, installation, and dedication of all
improvements prior to final plat approval, the Town may enter into an
agreement with the developer whereby the developer shall complete all
required improvements. Once said agreement is signed by the developer
and the security required herein is provided, the final plat may be
approved if all other requirements of this Ordinance are met. To secure
this agreement, the developer shall provide any or a combination of the
following guarantees to cover the costs of the uncompleted
improvements:
(1) Surety Performance Bond(s)
(a) The developer shall obtain a surety bond from a surety bonding
company authorized to issue said bonds in North Carolina.
(b) The bond shall be payable to the Town of Swansboro and shall
be in an amount equal to 125 percent of the entire estimated
cost, as approved by the Town, of installing all uncompleted
improvements.
(c) The bond amount and term shall be as approved by the Board
of Commissioners.
(d) The town attorney shall review the submitted bond and make
a recommendation regarding its sufficiency to the Board of
Commissioners.
(2) Cash or Equivalent Security
(a) The developer 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.
The use of any instrument other than cash shall be subject to
approval of the Board of Commissioners. The amount of
deposit shall be equal to 125 percent of the entire estimated
cost, as approved by the Town, of installing all uncompleted
improvements.
5-1

(b) If cash or other instrument is deposited in escrow with a
financial institution as provided above, then the developer shall
file with the Town 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 and may not be used or pledged by
the developer in any other matter during the term of the
escrow; and
(ii) that in case of a failure on the part of the developer to
complete said improvements, the financial institution
shall, upon notification by the Town, immediately pay the
funds deemed necessary by the Town to complete the
improvements, up to the full balance of the escrow
amount, or deliver to the Town any other instruments
fully endorsed or otherwise made payable in full to the
Town.
(iii) All instruments shall be reviewed by the town attorney
and a recommendation regarding their sufficiency made to
the Board of Commissioners.
(B) Duration of Financial Guarantees
(1) The duration of a financial guarantee shall be of a reasonable
period to allow for completion and acceptance of improvements.
In no case shall the duration of the financial guarantee for
improvements exceed one year.
(2) All developments whose improvements are not completed and
accepted fourteen days prior to the expiration of the financial
guarantee shall be considered to be in default. Said guarantee may
be extended with the consent of the Town, if such extension takes
place prior to default.
(C) Default
' (1) Upon default, the surety bonding company or the financial
institution holding the escrow account shall, if requested by the
Town, pay all or any portion of the bond or escrow fund to the
' Town up to the amount deemed necessary by the Town to
complete the improvements. Upon payment, the Town shall
expend such funds or portion thereof to complete all or any portion
' of the required improvements. The Town shall return any funds
not spent in completing the improvements. Default on a project
does not release the developer from liability and responsibility for
'J completion of the improvements.
' Article 5
July 21, 1998 5-2

--
(2) Release of Guarantee Security. The Town may release a portion
or all of any security posted as the improvements are completed
and approved by the Town.
5-2 Owner's Associations
5-2.1 Establishment of Owners' Association
(A) Creation. An Owners' Association shall be established to fulfill the
requirement of the North Carolina Condominium Act or to accept
conveyance and maintenance of all common areas and facilities within
a development containing common areas.
(B) Conveyance. Where developments have common areas for facilities
serving more than one dwelling unit, these areas shall be conveyed to
the Owners' Association in which all owners of lots in the development
'
shall be members. All areas other than public road rights -of -way, other
areas dedicated to the Town, and lots shall be shown and designated as
common areas. The fee -simple title of the common area shall be
conveyed by the subdivider or developer to the Owners' Association.
I­
(C) Subdivision or Conveyance of Common Area. Common areas shall not
be subsequently subdivided or conveyed by the Owners' Association
unless a revised preliminary plat and a revised final plat showing such
subdivision or conveyance have been submitted and approved.
(D) Owners' Association Not Required. Developments involving only two
units attached by a party wall shall not be required to have common
areas or an Owners' Association. Developments with only two units
attached and not having an Owners' Association shall have an
agreement between owners concerning maintenance of party walls.
5-2.2 Submission of Owners' Association Declaration
Prior or concurrently with the submission of the final plat for review and
approval, the applicant shall submit a copy of the proposed Bylaws of the
Owners' Association containing covenants and restraints governing the
Association, plats, and common areas. The submitted documents shall be
reviewed by the county attorney and a recommendation made to the Board of
Commissioners as to their sufficiency. The restrictions shall include provisions
for the following:
Article 5
July 21, 1998
(A) Existence Before Any Conveyance. The Owners' Association
declaration shall be organized and in legal existence prior to the
conveyance, lease -option, or other long-term transfer of control of any
unit or lot in the development.
(B) Membership. Membership in the Owners' Association shall be
mandatory for each original purchaser and each successive purchaser of
5-3

a lot or unit. Provisions shall be made for the assimilation of owners in
subsequent sections of the development.
(C) Owners' Association Declaration:
(1) Responsibilities of Owners' Association. The Owners' Association
declaration shall state that the association is responsible for:
(a) the payment of premiums for liability insurance and local taxes;
(b) maintenance of recreational and/or other facilities located on
the common areas; and
(c) payment of assessments for public and private improvements
made to or for the benefit of the common areas.
(2) Default of Owners' Association. Upon default by the Owners'
Association in the payment to the Town of any assessments for
public improvements or ad valorem taxes levied against the
common areas, which default shall continue for a period of six
months, each owner of a lot in the development shall become
personally obligated to pay to the Town a portion of the taxes or
assessments in an amount determined by dividing the total taxes
and/or assessments due to the Town by the total number of lots
in the development. If the sum is not paid by the owner within
thirty days following receipt of notice of the amount due, the sum
shall become a continuing lien on the property of the owner, his
heirs, devisees, personal representatives and assigns. The Town
may either bring an action at law against the owner personally
obligated to pay the same, or may elect to foreclose the lien
against the property of the owner.
(3) Powers of the Association. The Owners' Association is
empowered to levy assessments against the owners of lots or
units within the development. Such assessments shall be for the
payment of expenditures made by the Owners' Association for the
items set forth in this Section, and any assessments not paid by
the owner against whom such assessments are made shall
constitute a lien on the lot of the owner.
(4) Easements. Easements over the common areas for access,
ingress, and egress from and to public streets and walkways and
easements for enjoyment of the common areas, and for parking,
shall be granted to each lot owner.
(5) Maintenance and Restoration. Provisions for common area
maintenance of and restoration in the event of destruction or
damage shall be established.
' Article 5
July 21, 1996 5-4

r
' Article 5
July 21, 1998
(D) If the condominium is a nonresidential condominium, the declaration
shall contain the following provision:
Parking spaces shall be allocated among the individual lots or units
in such a manner that each unit is entitled to a sufficient number
of parking spaces to comply with this Ordinance for the use
intended to be located therein. The Owners' Association shall
maintain a register listing the total number of parking spaces in the
development and the number of parking spaces allocated to each
lot or unit. A copy of this register shall be available to the
Administrator at his request. The Owners' Association shall not
reduce the number of parking spaces allocated to an individual lot
or unit without the express written consent of the owner thereof,
and in no case shall the number of parking spaces allocated to an
individual unit be reduced to a number below that required by this
Ordinance.
5-5

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1
1
1
1
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1
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APPENDIX 1: INFORMATION REQUIRED WITH SUBDIVISION APPLICATIONS
A-1-1 Number of Review and Filing Copies to be Submitted
Review
Filing (after approval)
Type of Map or Plan
# of Prints
# of Prints # of Mylars
Minor Subdivision Plat
16
1
1
Sketch Plan
16
1
-
Preliminary Plat, Major
16
6
-
Subdivision
Final Plat, Major
16
2
1
Subdivision
Street and Utility
As required by the Town, NC DOT, and
Construction Plans and
the applicable utility provider
Profiles
Note: An electronic copy, in a format acceptable to the Town of Swansboro, of all
approved final major subdivision plats shall also be provided to the Town.
A-1-2 Required Information on Minor, Sketch, and Major Subdivisions
Submission of all plats or maps shall contain the following information before
submission to the Administrator for review. An 'X' indicates required information.
Additional information may be required for approval of the plat. The Administrator may
waive items required if it is judged that they are not necessary to complete the review.
Appendix 1
July 21, 1998
Al-1

n
0
Minor, Sketch, and Major Subdivisions
Minor
Sketch
Preliminary
Final
Information
Plat
Plan
Plat
Plat
Maps or plats submitted shall not
X
exceed a maximum size of 24"by 36"
Standard 18" by 24" sheet for plats to
X
X
be recorded, minimum 1-1 /2" border
on the left side and a minimum 1 /2"
border on all other sides; or as required
by the Onslow County Register of
Deeds
Original drawn on material as required
X
X
by the Onslow County Register of
Deeds
Title Block containing:
X
X
X
X
Name of Subdivision
Name of the type of plat (minor plat,
X
X
X
X
sketch plan, preliminary plat, etc.)
Owner's name with address and
X
X
X
X
daytime phone number
Location (including address, township,
X
X
X
X
county and state)
Date(s) plat(s) prepared or revised
X
X
X
X
Scale of drawing in feet per inch.
X
X
X
X
Drawing shall be at a scale of not less
than 1 " equal to 100'. If all lots are
greater than 3 acres, a smaller scale
may be used
Bar graph
X
X
X
X
Name, address, and telephone # of
X
X
X
X
preparer of plat (licensed surveyor,
engineer, etc.)
Developer's name, address, and
X
X
X
X
daytime phone number (if different
from owner's)
' Appendix 1
July 21, 1998
A 1-2

Minor, Sketch, and Major Subdivisions
Minor
Sketch
Preliminary
Final
Information
Plat
Plan
Plat
Plat
Zoning district(s) within the property and
X
X
X
X
adjacent properties
Existing land use within the property and on
X
X
X
adjacent properties
Plat book or deed book reference
X
X
X
X
Names of adjoining property owners (or
X
X
X
X
subdivisions or developments of record with
plat book reference)
Tax map, block, and parcel(s) number
X
X
X
X
Vicinity map showing location of site relative
X
X
X
X
to surrounding area (typically drawn in upper
right hand corner), at a scale of 1 " = 2,000'
Corporate limits, county lines, and other
X
X
X
X
jurisdiction lines, if any, on the tract
Registration and seal of land surveyor
X
X
North arrow and orientation (north arrow shall
X
X
X
X
not be oriented towards bottom of map)
Source of property boundaries signed or
X
sealed by registered land surveyor, architect,
landscape architect, or engineer
Boundaries of the tract to be subdivided or
developed:
distinctly and accurately represented
X
X
X
X
and showing all distances
tied to nearest street intersection
X
X
X
(within 300') or USGS. (within 2000')
showing locations of intersecting
X
X
X
boundary lines or adjoining properties
Location and descriptions of all monuments,
X
X
markers, and control corners
Appendix 1
July 21, 1998
Al-3
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I I F
Minor, Sketch, and Major Subdivisions
Minor
Sketch
Preliminary
Final
Information
Plat
Plan
Plat
Plat
Existing property lines on tract to be
X
X
X
X
subdivided. If existing property lines are to be
changed, label as 'old property lines' and
show as dashed lines
Dimensions, location and use of all existing
X
and proposed buildings; distances between
buildings measured at the closest point;
distance from buildings to the closest property
lines
The name and location of any property or
X
X
X
X
building on the National Register of Historic
Places or locally designated historic property
Railroad lines and rights -of -way
X
X
X
X
Water courses, ponds, lakes or streams
X
X
X
X
Marshes, swamp and other wetlands
X
X
Areas to be dedicated or reserved for the
X
X
X
public
Areas designated as common area or open
X
X
X
space under control of an Owners'
Association
Location of designated recreation areas and
X
X
facilities
Location of floodway and floodway fringe
X
X
X
X
from Flood Hazard Boundary Maps and cross-
section elevations
Boundaries of applicable Areas of
X
X
X
X
Environmental Concern in accordance with the
State Guidelines for Areas of Environmental
Concern (15 NCAC 7H) of the Coastal Area
Management Act of 1974
' Appendix 1
July 21, 1998
A1-4

1
Minor, Sketch, and Major Subdivisions
Minor
Sketch
Preliminary
Final
Information
Plat
Plan
Plat
Plat
Existing and proposed topography of tract and
X
100' beyond property showing existing
contour intervals of no greater than 5' (2'
where available) and labeling at least two
contours per map and all others at 10'
intervals from sea level
Proposed lot lines and dimensions
X
X
X
X
Square footage of all proposed lots under an
X
X
X
acre in size and acreage for all lots over an
acre in size
Site calculations including:
acreage in total tract
X
X
X
X
acreage in public open space
X
X
X
total number of lots proposed
X
X
X
X
linear feet in streets
X
X
area in newly dedicated rights -of -way
X
X
Lots sequenced or numbered consecutively
X
X
X
Street address as assigned by the Town for
X
X
each new lot
Onslow County Health Department
information for subdivisions without public
sewer available...
1) Each lot shall contain a statement
X
X
concerning septic tank approval
2) Each lot that has been approved for
X
X
an on -site subsurface sewage
treatment and disposal system shall be
shown. Denied lots or lots not
evaluated shall be crosshatched and
labeled, 'NO IMPROVEMENT PERMIT
HAS BEEN ISSUED FOR THIS LOT'
' Appendix 1
July 21, 1998
Al-5

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Minor, Sketch, and Major Subdivisions
Minor
Sketch
Preliminary
Final
Information
Plat
Plan
Plat
Plat
The following notes shall be shown:
X
X
1) 'There is no right to build upon or
otherwise improve any of these lots
until a valid written Improvement
Permit has been obtained from the
Health Department as required by State
Law.,CONTACT THE ONSLOW
COUNTY ENVIRONMENTAL HEALTH
DIVISION CONCERNING LOT
SUITABILITY FOR ONSITE
SUBSURFACE SEWAGE TREATMENT
AND DISPOSAL SYSTEMS.'
2) 'The location shown for designated
X
septic system areas are approximate.
Approval and designed area information
for subsurface sanitary sewage
systems is reproduced from
information supplied by the Onslow
County Department of Public Health
and the Surveyor/Engineer makes no
representation or warranty as to the
accuracy of such information.'
Street data illustrating:
Existing and proposed rights -of -way
X
X
X
lines within and adjacent to property
Existing and proposed rights -of -way
within and adjacent to property
showing:
total right-of-way width dimension
X
X
X
right-of-way width dimension from
X
X
X
centerline of existing public streets
Existing and proposed streets showing:
pavement or curb lines
X
pavement width dimension (face -to-
X
face)
Appendix 1
July 21, 1998
Al-6

H
Minor, Sketch, and Major Subdivisions
Minor
Sketch
Preliminary
Final
Information
Plat
Plan
Plat
Plat
cul-de-sac pavement radius
X
existing and proposed street names
X
X
X
Street profiles
X
Location, dimension and type of all easements
X
X
X
Utility Layout Plan showing connections to
existing systems, line sizes, material of lines,
location of fire hydrants, blowoffs, valves,
manholes, catch basins, force mains, etc. for
the following types of utility lines:
sanitary sewer
X
water distribution
X
natural gas, electric, cable TV, etc.
X
Documentation of Submission of an Erosion
Control Plan, if disturbing greater than one
acre
X
Documentation of Approval of an Erosion
X
Control Plan, if disturbing greater than one
acre
Evidence of Notification to US Army Corps of
Engineers of Earth -Disturbing Activities in
Wetlands, if applicable
X
X
Size of planting yard, walls, berms and fences
X
Existing and proposed signs (location, height
X
and area)
Location, dimensions and details of proposed
X
clubhouses, pools, tennis courts, tot lots or
other common area recreation facilities
' Appendix 1
July 21, 1998
Al-7

1
L
P
Information
Minor, Sketch, and Major Subdivisions
Minor
Plat
Sketch
Plan
Preliminary
Plat
Final
Plat
Certificates and Endorsements (See Appendix
A-2 for wording):
Certificate of Survey Accuracy signed by
surveyor and attested by Notary Public
X
X
Certificate of Ownership
X
Certificate of Ownership and Dedication
X
Certificate of Minor Plat Approval
X
Certificate of Preliminary Plat Approval
X
Certificate of Final Plat Approval
X
Certificate of Approval by Division of
Highways, North Carolina Department of
Transportation
X
Certificate stating that no approval is
required by Division of Highways, NC
Department of Transportation
X
Certificate of Utilities Approval
X
Certificate of Health Department Approval
X
X
Certificate of Purpose for Plat as required
by NCGS 47-30
X
X
Private Streets Disclosure Statement
X
' Appendix 1
July 21, 1998
Al-8

A-1-3 Documents and Written Information in Addition to Maps and Plans
In addition to the written application and the plats, whenever the nature of the
proposed development makes information or documents such as the following relevant, such
documents or information shall be provided. The following is a representative list of the types
of information or documents that may be requested at the time of plat submission:
Minor and Major Subdivisions
Minor Plat
Preliminary Plat
Final Plat
Information
Documentation confirming that the
X
X
applicant has a legally sufficient
interest in the property proposed for
development to use it -in the manner
requested, or is the duly appointed
agent of such a person.
Certifications from the appropriate
X
agencies that proposed utility systems
are or will be adequate to handle the
proposed development and that all
necessary easements have been
provided.
Detailed descriptions of recreational
X
facilities to be provided.
Legal documentation establishing
X
homeowners' associations or other
legal entities responsible for control
over required common areas and
facilities.
Bonds, letters of credit, or other
X
surety devices.
A traffic impact study performed and
X
prepared by a qualified transportation
or traffic engineer or planner.
Time schedules for the completion of
X
phases in staged development.
The environmental impact of a
X
development, including its effect on
historically significant or ecologically
fragile or important areas and its
impact on pedestrian or traffic safety
or congestion.
Appendix 1
July 21, 1998 Al-9

IL
n
Minor and Major Subdivisions
Minor Plat
Preliminary Plat
Final Plat
Information
If any street is proposed to intersect
with a state -maintained street, a copy
of the application for driveway
approval as required by the
Department of Transportation,
Division of Highways Manual on
Driveway Regulations.
Proposed deed restrictions or
X
covenants to be imposed upon newly
created lots.
Appendix l
July 21, 1998
Al-10

APPENDIX 2: CERTIFICATES
A-2-1 Required Certificates and Statements
Type of Certificate or Statement
Minor Plat
Major Plat
Certificate of Ownership
X
Certificate of Ownership and Dedication
X
Certificate of Minor Plat Approval
X
Certificate of Preliminary Plat Approval
X
Certificate of Final Plat Approval
X
X
Certificate of Survey and Accuracy
X
X
Division of Highways District Engineer Certificate
X
Private Roads Disclosure Statement
X
Health Department Certificate
X
X
Utilities Certificate
X
Certificate of Purpose of Plat
X
X
A-2-2 Wording for Map Certificates and Statements
(A) Certificate of Ownership (For Use With Minor Plats Only)
I (We) hereby certify that I am (we are) the owner(s) of the property described
hereon, which property is within the subdivision regulation jurisdiction of the
Town of Swansboro, and that I (we) freely adopt this plan of,subdivision.
Owner
Owner
Appendix 2
July 21, 1998
Date
Date
A2-1

I F
(B) Certificate of Ownership and Dedication
I (We) hereby certify that I am (we are) the owner(s) of the property described
hereon, which property is located within the subdivision regulation jurisdiction
of the Town of Swansboro, that I (We) hereby freely adopt this plan of
' subdivision and dedicate to public use all areas shown on this plat as streets,
alleys, walks, parks, open space, and easements, except those specifically
indicated as private, and that I (we) will maintain all such areas until the offer
' of dedication is accepted by the appropriate public authority. All property
shown on this plat as dedicated for a public use shall be deemed to be
dedicated for any other public use authorized by law when such other use is
' approved by the Board of Commissioners of the Town of Swansboro in the
public interest.
'
Owner Date
Owner Date
'
(Notarized)
'
(C) Certificate of Minor Plat Approval
I hereby certify that the minor subdivision shown on this plat does not involve
'
the creation of new public streets or any change in existing public streets, that
the subdivision shown is in all respects in compliance with the Subdivision
Ordinance of the Town of Swansboro, and that therefore this plat has been
approved by the Administrator, subject to its being recorded in the Onslow
County Registry within sixty days of the date below.
Administrator
n
' Appendix 2
July 21, 1998
Date
A2-2

I F
U
I
(D) Certificate of Preliminary Plat Approval
I hereby certify that the Planning Board of the Town of Swansboro approved on
the day of , 19 the preliminary plan of
subdivision as shown on this plat. Preliminary approval is valid for a period of
12 months from the above date or as established under the vested rights
procedures, if applicable.
Planning Board Chair
(Or Town Clerk if approved on appeal
to the Board of Commissioners)
(E) Certificate of Final Approval
Date
I hereby certify that the subdivision depicted hereon has been granted final
approval pursuant to the Subdivision Ordinance of the Town of Swansboro
subject to its being recorded in the Office of Register of Deeds within 60 days
of the date below.
Planning Board Chair
(Or Town Clerk if approved on appeal
to the Board of Commissioners)
Date
I hereby certify that streets, utilities and other improvements have been
installed in an acceptable manner and according to specifications of the Town
of Swansboro in the subdivision depicted hereon or that a performance bond or
other sufficient surety in the amount of $ has been posted with
the Town of Swansboro to assure completion of required improvements.
Town Manager
Date
Appendix 2
' July 21, 1998 A2-3

I
IL(F) Certificate of Survey and Accuracy
I, , certify that this plat was drawn under my
supervision from an actual survey made under my supervision (deed description
recorded in Book , page , etc.) (other); that the' boundaries not
surveyed are clearly indicated as drawn from information found in Book ,
page ; that the ratio of precision as calculated is 1: ; that this plat
was prepared in accordance with NCGS. 47-30 as amended. Witness my
original signature, registration number and seal this day of , A.D.,
19
' Seal or Stamp of Surveyor
Surveyor
Registration Number
(G) Division of Highways District Engineer Certificate
I hereby certify that the streets as depicted hereon are/are not consistent with
the requirements of the North Carolina Department of Transportation.
District Engineer Date
(H) Private Streets Disclosure Statement
The following statement shall be placed on all subdivision plats which include
private streets:
'The maintenance of streets designated on this plat as 'private' shall be the
responsibility of property owners within this development having access to such
roads. Private streets as shown hereon were not constructed to the minimum
standards required to allow their inclusion, for maintenance purposes, on the
North Carolina highway system nor on the Town of Swansboro street system.
Neither the Town of Swansboro nor the North Carolina Department of
Transportation will maintain a private street.'
Appendix 2
July 21, 1998 A2-4

(1) Health Department Certificate
The following statement shall be placed on all subdivision plats which include
building lots that do not have public sewer service available to them:
'The Onslow County Environmental Health Section has performed a soil
evaluation on each lot within this subdivision. Results of these evaluations are
available for review in the offices of the Environmental Health Section during
normal office hours. These soil evaluations should be reviewed prior to the
purchase of any lot. An improvements permit for a ground absorption sewage
disposal system and/or water supply permit will be required prior to obtaining
a building or manufactured home permit.'
' Supervisor, Environmental Health Section or Date
authorized representative
' (J) Utilities Certificate
I hereby certify that the improvements
' have been installed in an acceptable manner and in accordance with the
requirements of the Subdivision Ordinance of the Town of Swansboro.
Signature of Authorized Agent Date
(K) Certificate of Purpose of Plat
' Appendix 2
July 21, 1996
The final plat shall contain one of the following statements, signed and sealed
by the plat preparer:
a. This survey creates a subdivision of land within the jurisdictional area of
the Town of Swansboro and that the Town has an ordinance that
regulates parcels of land;
b. This survey is located in a portion of a county or municipality that is
unregulated as to an ordinance that regulates parcels of land;
C. Any one of the following:
1. This survey is of an existing parcel or parcels of land and does
not create a new road or change an existing street;
2. This survey is of an existing building or other structure, or natural
feature, such as a water course;
A2-5

3. This survey is a control survey;
d. This survey is of another category, such as the recombination of existing
parcels, a court -ordered survey, or other exception to the definition of
subdivision; or
e. The information available to the surveyor is such that the surveyor is
unable to make a determination to the best of the surveyor's
professional ability as to provisions contained in (a) through (d) above.
Signed: SEAL
Surveyor
Date:
(L) Certificate of Exception
Plats deemed to be an exception to the provision of this Ordinance shall contain
the following statement prior to the owner's recording of such plats:
I (We) hereby certify that I am (we are) the owner(s) of the property shown and
described hereon, which was conveyed to me (us) by deed recorded in Book
, Page , and that said property qualifies as an exception to the
provisions of the Subdivision Ordinance of the Town of Swansboro.
Owner Date
Owner Date
Administrator Date
Appendix 2
July 21, 1998 A2-6

(M) Recording of Unapproved Lots
The following statement may be utilized in those situations in which heir
property is subdivided or whenever a property owner wishes to record property
that is not to be sold, transferred, conveyed or represented as a buildable
property:
I (We) hereby certify that I am (we are) the owner(s) of the property shown and
described hereon and that I (we) wish to have recorded in the Onslow County
Register of Deeds Office in Book , Page this plan with my (our) free
consent and with the free consent of the Swansboro Planning Board. Further,
I (we) fully understand that the property shown and described hereon has not
been reviewed, in its entirety or in part as indicated, for compliance with the
Subdivision Ordinance of the Town of Swansboro or Onslow County
Environmental Health Ordinances and Rules and is not to be sold, transferred,
conveyed or represented as a buildable property.
Date
' Appendix 2
July 21, 1998
Planning Board Chair
A2-7