Town Ordinance-1989

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Town of Atkinson
Town Ordinance
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CODE OF GENERAL ORDINANCES
OF THE
TOWN OF ATKINSON
NORTH CAROLINA,
REVISED JUNE, 1989
Be it ordained by the Board of Aldermen of the Town of Atkinson as
follows:
Section 1. That all of the foregoing chapters, subchapters, articles,
sections, subsections, subdivisions and paragraphs, shall be and are hereby
duly made, ratified and adopted as the "Code of Ordinances of the Town of
Atkinson, North Carolina." And all ordinances, other franchises, specific
contracts or ordinances issuing, approving, or ratifying or concerning the
floating, issuing or sale of bonds for various municipal purposes, ordinan-
ces relating to the extension of corporate limits, revenue ordinances or
ordinances establishing permanent street improvement districts, or concern-
ing the extension, grade, widening, laying out, naming and/or establishing
of new streets or ordinances concerning bridges, subways and under -passes, or
condemnation proceedings, that are in conflict or not in conformity herewith,
are amended so as to conform thereto; what is known as the Annual Revenue
Ordinance is not included in this Code and no part of said Revenue Ordinance
is repealed by anything contained in this Code; ordinances of a constructural
nature now in effect, unless in conflict with, or contrary to, provisions of
this code are not hereby repealed or altered; and ordinances allowing, per-
mitting, approving or confirming sales of lands or the conveyance of land
by or to the Town are not hereby altered, amended, or repealed; nor shall any
contract with the Government of the United States or any agencies thereto be
construed to be altered, amended, or repealed; not that any agreement with the
Health Department of the County of Pender, or any of the various departments
thereof, including levying, or assessing of said tax be construed to be altered,
amended or repealed; but all other ordinances of a penal nature if not in-
cluded in said Code are hereby repealed.
Provided, however, that nothing herein contained shall be construed to
extend the time in or1for which any franchises, contracts, or privilege was
granted by the Town,,not to enlarge any right given or granted in any fran-
chises, contracts or privileges granted, or made by the Town nor to annul or
abridge any right or privilege hereto given, or granted to the Town.
And it is also ordained that this Code may be referred to as the "Code
of the Town of Atkinson, North Carolina, 1989." And in all judicial proceed-
ings it shall be sufficient to plead any ordinance or section of said Code
by the caption and number of the section thereof; and it shall not be necessary
to plead the entire ordinance or section, and a copy of said Code, when intro-
duced in any of the courts of the State, shall be taken as prima facie evidence
of the existence of any ordinance contained therein.

1 Section 2. If any provisions of this Code or the application thereof
to any person or circumstanCe'is held invalid, the remainder of the Code or
the application of such provisions to other persons or circumstances, shall
not be affected thereby.
Section 3. This ordinance shall be in full force and effect uponGits
' passage.
Ratified, approved and duly passed and adopted in regular meeting,
duly assembled and in full force and effect this, the _9 day of
ATTEST:
To Cler Mayor
' APPROVED AS TO FORM:
1
Town Attorney
•
INTRODUCING ALDERMAN Qt& , lNe o , LLff ,,,
SECONDING ALDERMAN e eeD l
The following Aldermen voting_ in the affirmative:
IbILMi��tL l►�,l2oe •.
n y�
The following Aldermen voting in the negative:
11

CHAPTER A ............. ..•.............GENERAL ADMINISTRATION
CHAPTERB..............................................POLICE
CHAPTER C......................FIRE PROTECTION AND PREVENTION
CHAPTER D...............................STREETS AND SIDEWALKS
CHAPTER E...... .........................PARKS AND UTILITIES
CHAPTER F.............................................TRAFFIC
CHAPTER G............ HEALTH PROTECTION AND DISEASE PREVENTION
CHAPTER H................. .............BUSINESS AND TRADES
CHAPTER I— ..........DISORDERLY CONDUCT AND PUBLIC NUISANCES
CHAPTER J......................................BUILDING CODES
CHAPTER K...........................................PENALTIES
A

INDEX
CHAPTER A —GENERAL ADMINISTRATION Page
ARTICLE I —LEGISLATIVE
Section 1. Regular meetings . . . . . . . . . . . . . . A-1
2. Special meetings . . . . . . . . . . . . . . A-1
3. Quorum . . . . . . . . . . . . . . . . . . . A-1
4. Minutes . . . . . . . . . . . . . . . A-1
5. Mayor to preside . . . . . . . . . . . . . . A-1
6. Mayor not to vote . . . . . . . . . . . . . A-1
7. Committees . . . . . . . . . . . . . . . . . A-1
ARTICLE II —ORDINANCES
Section 1. Effective date . . , , , , , A-1
2. Ordinances confined to one subject . . . . . A-1
3. Official copy . . . . . . . . . . . . . A-1
4. Ordinances appropriating money . . . . . . . A-2
ARTICLE III --OFFICERS AND EMPLOYEES
Section 1. Office of Mayor . . . . . . . . . . A-2
2. Office of Town Clerk . . . . . . . . . . . . A-2
3. Budget officer . . . . . . . . . . . . . . . A-3
4. Finance officer . . . . . . . . . . A-3
5.. Other officers and employees . . . . . . . . A-4
6. Employees' bonds . . . . . . . . . . . . . . A-4
ARTICLE IV —BUDGET AND FISCAL CONTROL
Section 1. Annual balanced budget ordinances . . . A-4
2. Disbursement of funds . . . . . . . . . A-4
3. Purchasing . . . . . . . . . . . . . . . . . A-4
ARTICLE V--ELECTIONS
Section 1. ,Board appointed . . . . ... . . .. . . . , A-4
2. 'Non -Partisan . A-4
3.. Voter registration . . . . . . . . . . . . . A-5
4.Take office . . . . . . . . . . . . . . A-5
CHAPTER B--POLICE
Section 1. Organization . . . • . . . . . . . . . . . B-1
2. Board to have control . . . . . . . . . . . B-1
3. Uniforms . . . . . . . . . . . . . . . B-1
4. Duties of police . . . . . . . . . . . . B-1
5. Chief of police . . . . . . . ` . . B-1
6. Extra -territorial jurisdiction . . . . . . . B-1
7. Grievance and Adverse Action --Definitions B-1

Section 8. `Grievance procedure and adverse action .. B-1
9. Grievance and adverse action appeal
procedure —non-discrimination . . . . . . . B-2
10. Grievance and adverse action appeal
procedure —discrimination . . . . . . . . B-3
11. Back pay awards . . . . . . . . . . . . B-3
12. Use of non -deadly force . . . . . . . . . . B-3
13. Vehicle pursuit . . . . . . . . . . . . . . B-4
CHAPTER C—FIRE PROTECTION AND PREVENTION
ARTICLE I —FIRE DEPARTMENT
Section 1. Organization . . . . . . . . . C-1
2.• Duties of Chief . . . . . . . . . . C-1
3. General authority . . . . . . . . . . . C-2
4. Following fire department .. . . . . C-2
5. Interfering with firemen or fire apparatus . C-2
6. Only firemen and policemen may ride on
trucks without permission . . . . . . . . . .C-2
7. Interfering with fire alarm apparatus . . . C-2
8. Giving false alarm of fire forbidden . . . . C-3
9. Protection of fire hose . . . . . . . C-3
ARTICLE II --FIRE HAZARDS
Section 1. Burning trash within Town prohibited . . . . .C-3
2. Permissible open burning . . . . . . . . . . C-3
3. Permit required for bonfire • . . C-3
4. Encumbrances before or on fire hazard . . . C-3
5. Exit signs in theaters and motion picture
establishments . . . . . . . C-4
6. Passageways in places of public assemblage
to be kept open, exit doors not to be
fastened •. . • . . . . . C-4
7. Lots kept free from fire hazard . . . . C-4
8. Certain fires to be guarded by watchman . . C-4
ARTICLE III —FIRE DISTRICT
Section 1. !Description . . . . . . . . . C-4
2: Regulations within fire district . . . . . . C-5
CHAPTER D—STREETS AND SIDEWALKS
ARTICLE I --DAMAGING STREETS AND SIDEWALKS
Section 1. Permit to dig in streets . . . . . . . . . . D-1
2. Sidewalk construction . . . . . . . . . D-1
3. Street repair . . . . . . D-1
4. Excavations —leaving unprotected . . .`. . . D-1
5. Streets not to be damaged . . . . . . . . . D-1

1
,
'
Section 6.'•House
moving . . . . . . .
D-1
7.
Damage to bridges and•culverts
D-1
8.
Damage to lights, signs . . . . . . . ...
D-1
'
9.
Truck traffic on local streets . . . . .
D-2
ARTICLE II —OBSTRUCTING STREETS AND SIDEWALKS
'
Section 1.
Assembly on sidewalk . . • . . . . . . . .
D-2
2.
Display of goods prohibited . .
D-2
3.
Placing objects on streets and sidewalks . .
D-2
4.
Construction near sidewalks . . . . . . . .
D-2
'
5.
Sheds and awnings .
D-2
ARTICLE.III—USE
AND CLEANLINESS
Section 1.
Throwing or burning trash on street
prohibited . . . . . . . . . . . . . . .
D-2
'
2.
Tree trimmings . . . . . . . . . . . . . .
D-2
3.
Snow and ice removal •
D-3
4.
Bicycles and go-carts on sidewalkprohibited
D-3
5.
Playing ball on streets prohibited . . . . .
D-3
CHAPTER E—PARKS AND UTILITIES
'
ARTICLE I —WATER
AND SEWER
Section 1.
Board to regulate . . . . . . . . . . . . .
E-1
2.
Sewer disposal system Required . . . . . . .
E-1
ARTICLE II —PARKS
' Section 1. Parks and recreation area use . . . . . . . E-2
CHAPTER F—TRAFFIC
ARTICLE I --TRAFFIC REGULATIONS
Section 1. Speed, parking, traffic signs and all other
traffic regulations . . . . . . . . . . . . F-1
CHAPTER G—HEALTH PROTECTION AND DISEASE PREVENTION
' ARTICLE I —GENERAL REGULATIONS
Section 1.
Enforcement of this chapter under super-
vision of the County Health Director
G-1
2.
Unlawful to hinder Health Director or his
agents . . . . . . . . . . . . . . . . . . .
G-1
3.
Right to enter . . . . . . . . . . . . . . .
G-1
4.
Property kept clean ... ... _. ...
G-1
i
1

Section 5. • Human waste . . . . . . . . . . . . . . . .
G-2
6. Stagnant' water
G-2
7. Sale of food —eating establishments . . . .
G-2
8. Debris from new construction . . . . . . . .
G-2
ARTICLE II —STORAGE, COLLECTION, TRANSPORTATION AND DISPOSAL
OF
REFUSE
Section 1. Trash Pick -Up . . . . . . . . .
G-2
2. Rubbish . . . . . . . . . . . . . . .
G-2
ARTICLE III— PRIVIES -SEPTIC TANKS
'
Section 1. Privies Regulated
G-2
2. Septic tanks regulated
G-2
'
CHAPTER H—BUSINESS AND TRADE
T
'
ARTICLE I —PRIVILEGE LICENSE
Section 1. Definition . . . .
H-1
2. License tax upon certain tradesandbusiness
operations • •
H-1
3. Unlawful to conduct business without license
H-1
4. License tax shall be for 12 months . .
H-1
5. License required for every separate business
H-2
6. License required for every place of business
H-2
7. License must be displayed at place of
business . . . . . . . . . .
H-2
'
8. No abatement of license tax . . . . . .
H-2
9. Schedule of annual privilege licenses . . .
H-2
ARTICLE II--SUNDAY REGULATIONS
Section 1., Malt beverages and/or wine sales
r . . . . .
H-2
2. Sale of malt beverages and/or wine within
300 feet of church . . . . . . . .
H 2
CHAPTER I —DISORDERLY CONDUCT AND PUBLIC NUISANCES
ARTICLE I —DISORDERLY CONDUCT
Section 1. General . . . . . . . . . .
I-1
. . . . .
2. Not used :
1_1
II
i
II

Section 3. ` House of- illfame I-1
4. Profanity and boisterous conduct I-1
5. Public drunkenness . . . . . . . . . . . . . I-1
' 6. Drinking in public . . . . . . . . . . . . . I-1
7. Public display of intoxicating liquor I-1
ARTICLE II --GENERAL NUISANCES
Section 1. General . • . . . . . I-1
2. Noises expressly prohibited . . . . . . . . I-1
3. Firearms regulated . . . . . . . . . . . . . I-3
4. Posting bills —other advertising I-3
ARTICLE III —ANIMALS
Section 1. Animals at large . . . . . . . . . . . . I-3
2. Hog Pens' . . . . . . . . . . . . . . . . . . I-3
3. Pig pens . . . . . . . . . . . . . . . . . . I-3
4. Commercial livestock or commercial poultry I-3
CHAPTER J--BUILDING CODES
ARTICLE I --GENERAL BUILDING REGULATIONS
Section 1.
Building
Inspector., . . . . . . . .
. .. J-1
2.
Building
permit required . . . . . .
J-1
3.
Building
permit fees
J-1
4.
National
building code adopted
J-1
5.
Gasoline
storage tank . . . . . . . . .
. . J-1
%ARTICLE II —CONDEMNATION
Section 1. Inspection of dangerous buildings or
structures . . • . . . . . . . . . . J-2
2. Owner to correct hazard . . . . . . . . . . J-2
ARTICLE III --TRAILERS OR MOBILE HOMES REGULATED
,a
Section 1.'!Permission to locate . . . . . . . . J-2
ARTICLE IV —YARD REGULATIONS
Section 1. To what structure applicable . . . . . . . . J-2
2. Application, plans, permits . . . . . . . J-2
3. Front yard requirements . . . . . . . . . . J-3
4. Side yard requirements . . . . . . . . . . . J-3
5. Rear yard.requirements . . . . . . . J-3
6. Corner yard requirements J-3
7. Off-street parking and loading'. J-3
8. Mobile home parks . . . . J-4
9. Yard regulations superceded by adoption of
Zoning Ordinance . . . . . . . . . . . . . . J-4

CHAPTER K—PENALTIES
Section 1. General . . . . . . . . . . . . . . . . . . K-1
A

II
CHAPTER A --GENERAL ADMINISTRATION
' ARTICLE I --LEGISLATIVE
Section 1. Regular Meetings. The regular meetings of the Mayor and
Board of Aldermen of the Town of Atkinson shall be held on the first Thursday
each month, at seven thirty o'clock p.m., at the Town Hall unless otherwise
designated by the Board.
Section 2. Special Meetings. Special meetings of the Board may be
held after twenty-four hours notice, upon call of the Mayor, or upon the
request in writing of any two members of the'Board of Aldermen. Notice of the
' time and purposes of said special meetings shall be posted at the Town Hall,
and due notice shall be given to the Mayor and Board of Aldermen of the time
and purpose'of such meetings.
Section 3. Quorum. A majority of the members of the Board of Aldermen
shall constitute a quorum and no official business of the Town shall be trans-
acted by the Board unless a quorum is present.
Section 4. Minutes. It shall be the duty of the Clerk to be present
at all meetings of the said Town Board, to keep in a book provided for that
purpose a record of all the proceedings of the Board.
Section 5. Mayor to Preside. The Mayor shall preside at all meetings
of the Board and in his absence the Mayor Pro Tempore shall preside.
Section 6. Mayor Not to Vote. The Mayor shall not vote on any ques-
tion except in the case of a tie vote deadlocking a decision of the Board of
Aldermen.
Section 7. Committees. The Mayor and Aldermen may create such committees
of the Board for special purposes as they deem best.
'ARTICLE II —ORDINANCES
Section 1. Effective Date. All ordinances shall be effective after the
ratification thereof .,except ordinances specifying some other effective date
' or ordinances required by state laws to be effective only after having met
specific date requirements.
Section 2. Ordinance Confined to One Subject. All ordinances.shall be
confined to one subject except appropriation ordinances which shall be con-
fined to the subject of appropriations only..
Section 3. Official Copy. A true copy of an ordinance, which has been
duly enacted by the Board, signed by the Mayor, and attested to by the Clerk
shall be known as an official copy of the ordinance for the Town. All ordi-
nances or a true copy thereof shall be inserted in this Code'in proper chapter.
' A-1

I
' Section 4. Ordinance Appropriating Money. No appropriation ordinance
or ordinance to alter or repeal an appropriation ordinance shall be enacted
at any meeting other than a regular meeting except by unanimous vote of the
■ entire Board.
' ARTICLE III —OFFICERS AND EMPLOYEES
Section 1. Office of Mayor. It shall be the duty of the Mayor to
cause all ordinances of the Town to be enforced, to attend and preside over
' all meetings of the Board. It shall further be the duty of the Mayor to
within thirty days after the close of each year require a report to the Board
of Aldermen from the various departments of the Town government for previous
' year and recommend such adjustments as he may see fit, and the Mayor shall
perform such other duties as the Board from time to time requires.
(1) The Mayor shall be the chief executive officer of the Town.
(2) The Mayor shall have the authority in -the event of a natural disaster,
riot or other such situation considered by him to be an emergency to:
(a) Declare an emergency.
(b)' Regulate the movement of persons and vehicles by:
1. Establishing and imposing curfew and/or
2. Restricting the size and duration of public assembly within
the Town limits.
(c) Regulate the possession, transport and use of firearms and
weapons of any type or description, including flammable devices of any kind.
(d) Regulate the sale of any and all weapons, ammunition and
flammable substances.
(a) And to take any and all actions necessary to maintain law and
order and protect the well being of the citizens of the Town.
Nothing in this subsection shall exempt the Mayor from consulting the
Board of Aldermen, individual Aldermen or responsible citizen of the Town when.
exercising the authority herein granted if in his judgement time will permit.
Section 2. Office of Town Clerk. The Town Clerk shall be appointed by
the Board at the first meeting in December of each two—year term and shall
serve at the pleasure,of the Board.
(1) The Clerk shall attend all meetings of the Board of Aldermen and
shall regularly and fairly record all of their proceedings in a book to be
kept by him for that purpose. He shall also keep a well bound book to be
styled the Code of Ordinances, in which he shall fairly and correctly tran-
scribe all ordinances which are enacted by the Board of Aldermen.
A-2

' (2) It shall be the duty of the Clerk to keep true, accurate and just
records of the dealings and transactions of the Town.
' (3) The Clerk shall keep or cause to be kept in a safe place all records,
documents, and accounts.
(4) The Clerk shall perform such other duties as the Board may from
time to time require.
Section 3. Budget Officer. The Budget Officer shall be appointed at the
'
first meeting of each two-year term to serve during the duration of the two-
year term and shall serve at the pleasure of the Board.
(1) It shall be the duty of the Budget Officer to receive all budget
'
requests and revenue estimates for the coming fiscal year and prepare a budget
in form or detail set by him or the Board of Aldermen in accordance with the laws
'
of North Carolina.
(2) The Budget Officer shall supervise or perform all functions inherent
in the budget process including drafting a Budget Appropriation Ordinance and
amendments.
Section 4. Finance Officer. The Finance Officer shall be appointed by
the Board at the first meeting in December of each two-year term to serve
'
the duration of the two-year term and shall serve at the pleasure of the Board.
(1) It shall be the duty of -the Finance Officer to maintain an accounting
system designed to show in detail the:
(a) amount of estimated revenue in each fund from each source of
revenue specified in the Budget Ordinance,
(b) amount of revenue collected and the uncollected balance,
'
(c) amount appropriated,
(d) expenditures charged against each appropriation,
(e) encumbrances outstanding against each appropriation,
r
(f) unencumbered balance of each appropriation,
(g) resources and liabilities.
'
(2) The Finance Officer shall disburse funds for the various purposes
of the Town only when an appropriation for such purposes has been made in
the annual budget and disbursement is authorized by the Board of Aldermen.
(3) The Finance Officer shall keep or cause to be kept in a safe place
all monies, records, and accounts. A
A-3

I
(4) The Finance OfficeF'shall perform the duties of Town Purchasing
Agent.
'
(5) The Finance Officer shall perform such other duties as the Board
may from time to time require.
Section 5. Other Officers and Employees. Such other officers and
'
employees that are deemed necessary shall be appointed by the Board of Aldermen
at the first meeting in December of each two-year term. All officers and
'
employees shall serve at the pleasure of the Board and receive such compensation
as from time to time may be prescribed by the Board.
Section 6. Employees' Bonds. The Finance Officer and other officers
or employees required by the Board shall, before entering upon their duties,
'
post bonds in the amount specified by the Board. All bond premiums shall be
paid for with Town funds. Provided, that when two offices are combined, such
'
as Clerk and Finance Officer, only one bond shall be required.
ARTICLE TV —BUDGET AND FISCAL CONTROL
Section 1. Annual Balanced Budget Ordinances. The Town Government shall
operate under an annual balanced budget ordinance covering a fiscal year
beginning July 1 and ending June 30.
Section 2. Disbursement of Funds. No money shall be disbursed from
'
the Town treasury except on the order of the Board in session and then only if
the item for which the disbursement is made has been for in
provided the annual
budget except in the case of an extreme emergency.
Section 3. Purchasing.
*(l) Before any order is given for items to be paid by the Town or any
purchase made by any Town employee, a purchasing order must be first obtained
'
from the Town Purchasing Agent.
(2) Any Town employee purchasing goods without a purchasing order from -I
the Town Purchasing Agent will be held responsible for the cost of the same.
ARTICLE V—ELECTIONS
Section 1. A Board of Elections shall be appointed by the Board of.
'
Aldermen to serve and conduct all elections, as might be permitted by law,
for the Town of Atkinson in accordance with the laws
elections of the State of
North Carolina, and the Town Charter.
'
Section 2. Elections shall be non -partisan, and decided by simple
plurality.
A-4

Section 3. Registratioih'of voters and preparations of registration
books shall be conducted using Method "C" as specified in the election laws
of the State of North Carolina (GS 163-288 (C) (3)).
Section 4. Successful candidates for office shall take office in the
month of December immediately after certification of the election by the
Municipal Board of Elections.
A-5

CHAPTER B—POLICE
Section 1. Organization. The Police Depatment of the Town shall consist
of a chief and as many policemen as the Board of Aldermen shall from time to
time determine and elect and as many special policemen as the Mayor and Board
may deem necessary to appoint for special purposes.
Section 2. Mayor to Have Control. The Mayor shall have general super-
vision over the Police Department. The Mayor may suspend, for cause, any
member of the Police Department until the next regular meeting of the Board
of Aldermen at which time final disposition shall be made by the Board of
Aldermen.
' Section 3. Uniforms. All police officers shall wear uniforms as shall
be approved by the Town and shall keep such uniforms in a neat and clean con-
dition, and shall surrender all uniforms and equipment upon leaving the police
' service of the Town if such uniforms and equipment were furnished by the Town.
Section 4. Duties of the Police. The Police Department shall carry out
' all orders of the Board, enforce all laws and ordinances of the Town and State
of North Carolina, and shall at all times preserve the peace, protect the
property and safety of the citizens of Atkinson.
' Section 5. Chief of Police. The chief shall have control over the
Police Department under the supervision of the Board of Aldermen. The chief
shall keep the'Board informed of the department's activities and make such
reports that the Board may from time to time require, and he shall perform
such other duties as may be required of him by the Board.
'
Section 6. Extra Territorial Jurisdiction of Police. In addition to their
authority within the corporate limits, Town have
policemen shall all powers
invested in law enforcement officers by statute or common law within one mile
of the corporate limits of the Town of Atkinson, and on all property owned or
leased to the Town wherever located.
Section 7. Grievance and Adverse Action - Definitions. A grievance
shall consist of a claim or complaint based upon an event or events pertaining
'
to an employee's employment with the Town of Atkinson. A grievance can involve
safety or health hazards, employment.conditions, facilities, or equipment,
unjust treatment by supervisor or fellow workers, unreasonable request re-
lating to conditions of employment.
An adverse action is a demotion, layoff, reduction in pay, dismissal,
'
or an undesirable transfer or suspension.
Section 8. Grievance Procedure and Adverse Action Appeal - Policy.
1
In order to maintain a harmonious and cooperative relationship between the
Town and its employees, it is the the Town
policy of to provide for the settle-
ment of problems and differences through an orderly grievance procedure. Every
' B-1

'
permanent employee shall have -':the right to present his problem, grievance or
adverse action appeal in accordance with the established policy free from
interference, coercion, restraint, discrimination, or reprisal.
'
It is the responsibility of all department heads and the Town Board to
consider and take appropriate action promptly and fairly on a grievance or
'
adverse action appeal of any employee.
In adopting this policy, the Town sets forth the following objectives
to be attained in this program:
'
(1) Assure
employees of away in which they can get their problems or
complaints considered rapidly, fairly, and without fear of reprisal.
'
(2) Encourage the employee to express himself about how the conditions
of work affect him as an employee.
'
(3) Get better employee understanding of policies, practices, and
procedures which affect them.
(4) Provide employees with assurance that actions are taken in
'
accordance with policies.
(5) To assure employees how policies are carried out by department heads.
(6) Give department heads a greater sense of responsibility in their
dealings with employees.
Section 9. Grievance and Adverse Action Appeal Procedure - Non -Discri-
mination. Any permanent Town employee having a problem or grievance arising out
of or due to his employment and who does not allege discrimination because of
his age, sex, race, color, national origin, religion, creed, physical disability
or political affiliation shall first discuss his problem or grievance with his
department head (or if the employee is a department head, with the Town Board)
and follow the grievance and adverse action appeal procedure established by
the Town.
(1) Step One. The employee with a grievance or adverse action appeal
shall present the matter orally or in writing to his department head (or if
the employee is a department head to the Town Board) within thirty (30) working
days of the time the employee learns of its occurrence, with the objective of
resolving the matter informally. If the exact date cannot be established for
the occurrence of a grievance circumstance, the thirty (30) working day limit
will be waived, but the employee should file the grievance within a reasonable
time period. The department head (or Town Board) should be and is encouraged
to consult with any employee or officer deemed necessary to reach a correct,
impartial, and equitable determination and shall give the employee an answer
as soon as possible, but within five (5) working days.
(2) Step Two. If the decision is not satisfactory to the employee in
Step 1, or if he fails to receive an answer within the designated period in
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Step 1, he may file the grievance in writing within ten (10) working days
with the department head (or Town Board if the employee is a department head),
who shall hear the grievance and render a decision in writing within a maximum
tof
ten (10) working days.
(3) Step Three - Adverse Action. In an adverse action case (demotion,
layoff, reduction in pay, dismissal, or an undesirable transfer or suspension),
the employee may either appeal to the department head (or if the employee is a
department head to the Town Board).
The department head (or.Town Board) shall hear the adverse action appeal
'
and render a decision in writing within five (5) working days. The decision
shall be reported to the employee within five'(5) working days.
'
Section 10. Grievance and Adverse Action Appeal Procedure - Discrimination.
Any applicant for Town employment, Town employee, or former Town employee who
has reason to believe that employment, promotion, training, or transfer was
'
denied him or that demotion, layoff, or termination of employment was forced
upon him because of his age, sex, race, color, national origin, religion, creed,
political affiliation, or physical disability except where specific age, sex
or physical requirements constitute a bona fide occupational qualification
'
necessary to proper.and efficient administration, shall have the right to appeal
directly to the Town Board.. A permanent Town employee has the right to appeal
using the grievance procedure outlined in Section 9 of this article if he so
'
desires. An employee or applicant must appeal an alleged act of discrimination
within thirty (30) days of the alleged discriminatory act.
'
This procedure shall also apply to grievances involving the availability
of services, programs and benefits to handicapped persons.
Section 11. Back Pay Awards. Back pay and benefits may be awarded to
reinstated employees in suspension, demotion, a dismissal, and discriminatory
cases.
' Section 12. Use of Non -Deadly Force. Statement of the Law, of Non -
Deadly Force (NCGS 15A-401
(1) Officers are justified in using non -deadly force against another
person when and to the extent that is reasonably necessary.
' (a.) Non -deadly force is justified to prevent the escape from
custody or to effect the arrest of a person who the officer reasonably be-
lieves has committed a criminal offense.
I
(b) Officers may use non -deadly force.to defend themselves or a
third person from what they reasonably believe to be the use or imminent
use of non -deadly physical force while preventing or attempting to prevent
an escape.
(2) When making a lawful arrest, an officer may use that amount of
non -deadly force reasonably necessary to overcome resistance,'but no more
IM

than that. Force shall be apy degree beyond mere restraint, including
use of chemical mace. The use of physical force shall be restricted to
that amount of force which is reasonable and necessary to effect a lawful
arrest or in defense of self or others.
(a) Recognizing that it is our legal and moral obligation to use
force wisely and judiciously, it is the policy of the Police Department that
force shall never be resorted to until every other reasonable means of
apprehension or defense has been exhausted. This requires that deadly force
only be used as a last resort, after all methods, including verbal requests
and the use of less than deadly force, have been tried and not succeeded.
An officer is required to use reasonable alternatives, if such are available.
(b) As used in this policy, deadly force refers to the use of
firearms or any other instrument capable of causing death or serious injury,
or which creates some specified degree of risk that a reasonable and prudent
person would consider likely to cause death or serious injury. Besides fire—
arms, many items, such as flashlights, blackjacks, nightsticks, and other
instruments are considered lethal weapons when they are used in a lethal manner.
(c) Deadly force may be used under the following circumstances:
1. As a last resort in the defense of oneself, when there is
reasonable cause to believe that one is in imminent danger of death or great
bodily harm.
2. As a last resort in the defense of another person, or
persons, whom the officer has reasonable cause to believe is being unlawfully
attacked and is in imminent danger of death or great bodily harm.
3. Deadly force may be used, after all other means of capture
are exhausted, to effect the arrest or prevent the escape of a suspect whom
the officer has reasonable cause to believe has committed or attempted to
commit a felony involving the use or threatened use of deadly force, and the
officer reasonably believes the suspect cannot be apprehended later without
the use of deadly force.
Section 13. Vehicle Pursuit. This department's general policy is that
pursuits should be discouraged. However, when necessary, such pursuits may
be undertaken, but with due exercise of care to lessen the danger to the
public, property, and to the officers' welfare. All police vehicles engaged
in a pursuit will use their blue lights and siren. Headlight lamps will be
on. If at any time an officer determines that his/her vehicle is mechanically
unsafe to commence or continue a pursuit run, the officer will immediately
terminate the chase. Communications must be immediately notified of the ter—
minated chase.
(1) An officer will notify the Telecommunication of the situation
and also that a pursuit has commenced. The Telecommunication will be given
the following information:
(a) Vehicle make, year, color, model and license,
A
(b) Direction of travel and cross streets as the pursuit progresses,
(c) Why the vehicle and/or suspects is wanted.
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(2) All mobile 'and bass:radios will reduce traffic to only emergency
needs during the pursuit.
(3) Generally, it is in the best interest of the public not to create.
a high degree of hazard within the Town limits by minor crime vehicle pursuits.
(4) Police vehicles are not to be used as a barricade or road block,
nor is this department to ask another agency to establish a roadblock for
misdemeanor charges. However with felony charges, the suspect vehicle may
be forced off the roadway by use of a police vehicle, when it is deemed
necessary as a last resort. This is to be accomplished with the least amount
of danger to officers and innocent persons, and with due regard to police
property and to public property. '
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CHAPTER C--FIRE PROTECTION AND PREVENTION
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ARTICLE I —FIRE DEPARTMENT
Section 1. Organization, The Fire Department shall consist of the
chief of the Fire Department and a sufficient number of firemen (voluntary,
t
part or full time) to maintain and operate the department. The Board of
Aldermen shall appoint the Chief and Assistant Chief after their election
by the membership of the department. The department shall from time to time
'
adopt its own rules and regulations governing the Fire Department consistent
with the Pender County Fire Commission, the North Carolina State Department
of Insurance, and the North Carolina Fire Insurance Rating Bureau rules and
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regulations.
Section 2. Duties of Chief. The duties of the Chief, subject to super-
vision by the Board of Aldermen, shall be as follows:
(1) General control of the department, the personnel, apparatus, and
fire alarm systems.
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(2) To command the department and supervise the firefighting and
extinguishing of all fires and to have the authority to keep away from the
'
vicinity of all fires any and all idle, disorderly or suspicious persons.
(3) He shall inspect or cause to be inspected all trucks and other
equipment of the Fire Department each and every week to ascertain that such
'
equipment of the Fire Department is being kept in proper condition. He shall
report annually by the end of each fiscal year to the Board of Aldermen the
condition of all equipment.
'
(4) He shall inspect or cause to be inspected all fire hydrants and
fire alarm systems at least every three months and shall make a report of
such inspection to the Board of Aldermen.
'
(5) Fire Inspector:
'
(a) The chief is to assume the functions of Fire Inspector. As
such, he (or his designated agent) shall have authority to enter any and all
premises, at a reasonable time, for purposes of inspection.
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(b) Routine Inspections. He shall have authority to make inspec-
tions of all structures located within the Town fire district.
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(c) Inspections Upon Complaint. He shall, upon receipt of a
complaint, forthwith investigate.
(d) He shall investigate the causes of fires and shall keep records
of his findings as to origin, location, owner, extent of damage, injury, and
amount of insurance carried. The findings may be provided to appropriate
regulatory agency requesting such report at time of request as needed.
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' (e) He shall caus@ the removal of fire hazards, except buildings,
by serving proper order to owner or agent of premises in question, such order
to state a reasonable time limit. Failure to comply with such order shall
' be considered a misdemeanor.
Section 3. General Authority.
' (1) The officer in command shall have authority to summon aid and no
citizen so summoned may refuse to help in extinguishing the fire or in pro—
tecting exposed property.
(2) During the continuance of a fire, the fire chief, his assistant,
or the Mayor shall have authority to call upon any citizen to render assistance
in pulling down or demolishing any building or in removing goods or furniture
from a building on fire or in danger of fire, but not without the consent of
the officer of the Fire Department or the Police Department who may be in
charge.
(3) It shall be unlawful to congregate on the streets or alleys near a
fire in a manner which would interfere with the activities of the Fire Depart—
ment.
(4) In the event of an alarm of fire the apparatus of the Fire Depart—
ment, responding to it, shall have access in and upon all streets, lanes,
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alleys, and other public ways.
(5) The drivers of vehicles, upon the approach of fire apparatus, shall
'
immediately bring their vehicle to a stop on the right hand side of the street
in the direction in which they are facing and shall not move their vehicle
until such apparatus has passed.
'
Section 4. Following Fire Equipment. It shall be unlawful to follow
any fire apparatus which is responding to a call, by automobile or any other•
vehicle, unless such is used for transporting firemen to the scene of fire,
'
at a distance closer•than one city block, or to,pass such apparatus or to
park within the same block in which fire is in progress.
Section 5. Interfering with Firemen or Fire Apparatus. 'No person shall
'
interfere with a fireman in the discharge of his duty, or hinder him in the
performance of said duty; nor shall any person other than members of the Fire
'
Department loiter about any fire station, or change, handle, or meddle in
any manner with any fire engine
or any other fire apparatus.
Section 6. Only Firemen and Policemen May Ride on Trucks Without
Permission. No person other than a bona fide member of the Fire Department
shall mount any fire engine, wagon or apparatus before it leaves the station
or while on its way to or from a fire, or at any other time, unless by the
permission of the driver or officer in command of such engine, wagon or
'
other fire apparatus.
Section 7. Interfering with Fire Alarm Apparatus. No person shall
'
interfere carelessly or willfully with the fire alarm system or injure the
poles, wires, boxes, or other apparatus connected therewith.
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Section 8. Giving False'Alarm of Fire Forbidden. No person shall give
or cause to be given any false alarm of fire by means of the fire alarm system
or otherwise.
Section 9. Protection of Fire Hose. It shall be unlawful for any person,
firm or corporation to drive over, or in any way damage or mutilate any fire
hose while in use at a fire or otherwise.
ARTICLE II --FIRE HAZARDS
Section 1. Burning Trash 'Within Town Prohibited. No person shall burn
or cause to be burned any trash, refuse, shavings, paper, leaves, litter or
other combustible material of any kind outside any house, or any street,
sidewalk, alley, or yard within the limits of the Town, except as noted in
Section 2.
Section 2. Permissible Open Burning. Fires may be set within the Town
limits for the following purposes:
(1) To agricultural lands for disease and pest control and other accepted
agricultural or wildlife management practices.
(2) To forest lands for accepted forest management practices.
(3) For right-of-way clearance and maintenance.
(4) Camp fires and fires used solely for outdoor cooking and other
recreational purposes or ceremonial occasions.
Nothing in this Section shall exempt or excuse a person from the conse-
quences, damages or injuries which may result from such burning.
Section 3. Permit Required for Bonfire. No person shall kindle or
maintain any bonfire, or shall knowingly furnish the material for such fire,
or authorize any such fire to be kindled or maintained on or in any street,
avenue, road or lane or public ground or upon any private lot within the limits
of the Town unless a written permit to do so shall have at first been secured
from the chief of the Fire Department. Nothing in this Section shall be con-
strued to prohibit permissible open burning, without a permit, when such
burning is done in conformity with the provisions of Section 2 of this Article.
Section 4. Encumbrances Before or On Fire Exits. No person shall at
any time place any encumbrance of any kind whatsoever before or upon any fire
escape balcony or ladder intended as a means of escape from fire. It shall
be the duty of every member of the Police and Fire Department who shall
discover any fire escape encumbered in any manner to forthwith report the same
through his department channels to the Chief of the Fire Department, who shall
immediately notify the owner, or owners, their agent, or agents, tenant, or
tenants, to remove such encumbrance and encumbrance shall thereupon be
immediately removed.
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Section 5. Exit Signs itTheaters and Motion Picture Establishments.
Every exit in any theater or motion picture establishment shall be plainly
indicated by a sign bearing the work "Exit," which sign shall be kept
lighted throughout each performance.
Section 6. Passageways in Places of Public Assemblages to be Kept
Open. Exit Doors Not to be Fastened. All doors, aisles and passageways
within and leading into or out of the theaters, churches and all other places
of public assemblage, shall, during the entire time which any show, performance,
service, exhibition, lecture, concert, ball or other assemblage may be held
therein, be kept adequately lighted and free from easels, signs, standards,
campstools, chairs, sofas, benches, and any other article or articles that
might obstruct or delay the exit of the audience, congregation or assemblage;
and doors of such buildings while occupied shall not be fastened so that they
cannot easily be opened by anyone within. No person shall sit or stand or
remain seated or standing, nor. shall the owner or operator of such place of
public assemblage in any aisle under any circumstances or in any exit, or
passage required for the safe exit of the assemblage. Clear passage from all
exits and on outside sidewalks of all theaters and other places of public
assemblage shall be maintained at all times. No aisle, passageway or stair—
way in any store shall be obstructed with tables, show cases or other obstruc—
tion during the hours such store is open to the public.
Section 7. Lots Kept Free from Fire Hazards. It shall be unlawful for
any person to permit or suffer rubbish, refuse or articles of combustible or
inflammable nature to accumulate or remain on any lot or premises. Fire
hazards permitted to remain after reasonable notice has been given in writing
by the Fire Inspector shall be removed by the Town, and the owner or the
lessees of the lot or premises shall be responsible for the cost thereof. The
rate of charge for said removal shall be set by the Town Board and shall be on
file with the Town Clerk. The Town Clerk shall present a bill for said re—
moval on the first of the month following said removal. Failure to pay said
bill within thirty days of its presentation shall result in a lien upon the
lot or premises for the amount due, plus 3/4 of one percent interest each
month or fraction thereof, thereafter until paid.
Section 8. Certain Fires to be Guarded by Watchman. All persons, firms
or corporations who shall burn any tar kiln or pit or charcoal, or set fire
to.or burn any brush, grass or other material, whereby any property may be
endangered or.destroyed, shall keep and maintain a careful and competent
watchman in charge of such kiln, pit, brush, or other material while burning.
Fire escaping from such kiln, pit, brush, or other material while burning
shall be prima facie evidence of neglect of these provisions.
ARTICLE III --FIRE DISTRICTS
Section 1. Description. The fire district of the Atkinson Fire Department
coincides with the geographical limits of the Town of Atkinson and rural areas
as set by Pender County Fire Commission and Pender County Board of Commissioners.
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Section 2. Regulations'iithin Fire District. No construction or
alterations of any kind or description shall be made in the geographical
limits of the Town of Atkinson without being in compliance with Town
ordinances and without a building permit from the Pender County Building
Inspector.
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ICHAPTER D�STREETS AND SIDEWALKS
ARTICLE I --DAMAGING STREETS AND SIDEWALKS
Section 1. Permit to Dig in Streets. It shall be unlawful for any per—
son, firm or corporation to dig any hole, ditch or excavation of any kind
whatsoever, on any street in the Town of Atkinson without first securing a
permit therefore in writing from the Town Clerk.
Section 2. Sidewalk Construction. No sidewalk of any description shall
be built by any individual, firm or corporation, of any brick, wood, or other
material without a written permit from the Town of Atkinson.
Section 3. Street Repair.. It shall be the duty of every person, firm
or corporation, who shall open or dig a ditch, trench or hole in any street,
public alley or sidewalk of the Town, to put the said street, public alley
or sidewalk in as good condition in all respects as it was before, and every
person, firm or corporation violating or failing to observe the provisions
of this Section shall be guilty of a misdemeanor.
Section 4. Excavations --Leaving Unprotected. It shall be unlawful for
any person, firm or corporation making any excavation for any purpose whatso—
ever in any of the streets or sidewalks to fail to securely cover such excava—
tions with plank or place ropes around the same three feet from the ground
or shall fail to place a sufficient number of warning lights around such
excavation before dark and to keep such light burning all night every night
such excavation shall be open.
Section 5. Streets Not to be Damaged. It shall be unlawful for any
person, firm or corporation to drag, or run, or cause to be dragged or run
any harrow or other implement, engine, machine or tool upon any asphalt,
bithulitic, warrenite, or other permanently paved street in the Town which
shall be liable, in any way, to injure or cut the surface thereof. It shall
also be unlawful to injure any dirt street in the same manner.
Section 6. House Moving. No person shall move any house or building
upon or across the public streets or sidewalks without written consent of
the Board of Aldermen and the deposit of a good and sufficient bond to cover
damage done to such street or sidewalk or to any property of any person.
1 Section 7. Damage to Bridges and Culverts. No person shall injure
or misplace any part of any bridge or culvert, ditch or drain or other property
belonging to or used by the Town, or shall place any obstruction in any
culvert, ditch, or drain, to prevent the free flow of water on or over the
streets of the Town.
Section 8. Damage to Lights and Signs. No person shall injure, tamper
with, remove or paint upon or deface any sign, sign post, street light, traffic
signal or bulletin board or other municipal property upon the streets and
sidewalks except employees of the Town in the performance of'their duties.
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Section 9. Truck Traffic on Local Streets. Any trucks having more than two
axles and loaded are not permitted on any Town street. Loaded to mean any truck
with more than two axles loaded with any.material which would increase the weight
of truck above its normal weight when empty.
ARTICLE II --OBSTRUCTING STREETS AND SIDEWALKS
Section 1. Assembly on Sidewalk. All persons are forbidden from
assembling or collecting and standing so as to obstruct any sidewalk or
street and all persons so collecting and standing shall disperse and move
upon the demand of any police officer.
Section 2. Display of Goods Prohibited.• No person shall place for
display or sale any goods, ware or merchandise of any kind upon any of the
sidewalks of said Town, which shall extend out on the sidewalks.
Section 3. Placing Objects on Streets and Sidewalks. No brick, stone
or wood or other substances obstructing the free passage of persons and
vehicles shall be placed or suffered to lie in any of the alley ways, streets
and other routes of the Town, nor shall any person place on or in any of the
streets, sidewalks, or alley ways of the Town any boxes, crates, casks, or
barrels of any description, or any other obstruction of any kind. Provided
that any person erecting a building may with permission place building material
for immediate use on the street in such a way as to not interfere with the
usual traffic.
Section 4. Construction Near Sidewalk. Before building or remodeling
at any place where the same is in close proximity to the sidewalk, a passage—
way shall be constructed so as to leave the sidewalk unobstructed and provide
safe and easy passage.
Section 5. Sheds and Awnings. No person shall erect upon any street
or sidewalk any post for support of any shed or awning. Provided that this
shall not be construed to prevent the erection over the sidewalk of awnings
supported upon frames firmly suspended from the building and at least seven
feet above the level of the sidewalk and shall not extend over the street or
road right—of—way. If ady person shall violate this Section then each day
that the violation continues after notice has been given shall constitute a
separate violation.
ARTICLE III —USE AND CLEANLINESS
Section 1. Throwing or Burning Trash on Street Prohibited. No paper,
straw, lemon peel, banana peel, watermelon rind or any trash shall be thrown
or swept upon any sidewalk or street of the Town, nor shall any trash, refuse,
or rubbish be burned thereon.
Section 2. Tree Trimmings. It shall be unlawful for any person to
place or allow to be placed any tree trimmings or shrubbery on any street
or sidewalk.
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Section 3. Snow and Ice..Removal. Every occupant of a store building
in front of which the sidewalk is paved with stone, brick, asphalt or cement,
shall remove snow, ice and other obstructions from such sidewalk at the
earliest possible time and as soon as the weather permits.
Section 4. Bicycle and/or Go Cart on Sidewalk Prohibited. It shall be
unlawful for any person to ride a bicycle and or go cart on any sidewalk in
the Town. Applicable to business districts only.
Section 5. Playing Ball on Streets Prohibited. No person shall play
ball on any of the streets of the Town.
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II
' CHAPTER E—PARKS—UTILITIES
ARTICLE I --WATER AND SEWER
Section 1. Board to Regulate. The Board shall prescribe and enforce
all the rules and regulations governing public and private water and sewer
disposal systems in the Town.
'
Section 2. Sewer Disposal System Required. An approved sewer disposal system
as herein used shall mean sewer disposal systems shall meet all requirements of the
Pender County Health Department.
Improved property as herein used shall mean any real
property within the Corporate
limits of the Town of Atkinson, N.C., in and/or upon
which bathroom
facilities or
any operation which would require run—off into sewer
system exist.
All residences
within the Corporate limits in the Town of Atkinson,
N.C., shall be
equipped with
electric lights, running water and an approved sewer
system.
(1) No outdoor privies may be hereafter constructed and the Board of
Aldermen or the County Health Officer may require and enforce immediate
abandonment of such a privy.
(2) No person shall maintain or use a residence location that is not
provided with septic tanks approved by the Pender County Health Department
or with sanitary privy which complies in construction and maintenance with the
requirements of the Pender County Health Department or a Municipal Sewage
System.
Section 4. Private Water Supply Regulated.,
(1) It shall be unlawful for any person, firm or corporation to furnish,
supply, or provide, for gain or profit, any water from a private well or pumps
in or to any dwelling house, boarding house, inn, hotel, cafe or other
commercial establishment,•or any room or rooms of the same, when said dwelling
house or any room or rooms therein are rented, or offered for rent to the
public or when said boarding house, inn, hotel, cafe, or other commercial
establishment is open to, or used by the public unless and until an analysis
of the water from such private well or pump shall have first been submitted
to the County Health Department for review and approval. The Town Clerk of
Atkinson shall be notified in writing of such approval by the County Health
Department prior to supplying of such water to others.
(2) The water analysis referred to in subsection (1) hereof shall be
made by or under the direction of the County Board of Health or the Health
Department of the State of North Carolina.
(3) If said water analysis bears the approval of either of the
authorities referred to in subsection (2) hereof, the Town Clerk shall approve
E-1

the same by endorsing'thereorr.the word "approved" and affixing thereto his
signature as Town Clerk. If, however, the said analysis shows that the
said water is contaminated and unfit for human consumption, the Town Clerk
shall not approve said analysis, but shall deliver said analysis to the Mayor
and Board of Aldermen of the Town of Atkinson, which said Board may dis—
approve said analysis and return the same to its owner.
ARTICLE II —PARKS
Section 1. Parks and Recreation Area Use. The Town shall have the
authority to grant permission for use of park and authority to set fees from
time to time and rules and regulations for use of park. Violation of any rule
and regulation established by the Town hereunder shall constitute a violation
of this ordinance and shall be enforceable in the same as any other violation
of this ordinance as herein provided.
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CHAPTER F--TRAFFIC
ARTICLE I —TRAFFIC REGULATIONS
Section 1. SAeed. Parking. Traffic Signs and All Other Traffic Regulations.
Town shall have the authority from time to time to establish speed limits, park—
ing regulations and all other traffic regulations within the Corporate limits
of the Town of Atkinson as the Board of Aldermen shall deem necessary and such
regulations may be established without the requirement of a public hearing and
upon placement of sign depository the regulation within the Town of Atkinson.
After notice of same having been published in a newspaper for three consecutive
weeks having general circulation in the Town, shall have full force of law;
and violations thereof shall constitute a misdemeanor and shall be punishable
by a fine of $50.00 and/or thirty days in jail. •
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CHAPTER G-HEALTH PROTECTION AND DISEASE PREVENTION
ARTICLE I —GENERAL REGULATIONS
Section 1. _Enforcement of this Chapter Under Supervision of County
Health Director. The enforcement of this chapter shall be under the super-
vision of the County Health Director.
Section 2. Unlawful to Hinder Health Director or Agents. It shall be
unlawful for any person to hinder, obstruct or delay the Health Director or
any of his Agents in the lawful discharge of their duties.
Section 3. Right to Enter. The Health Director or any of his Agents
shall have the right to enter at any reasonable time any premises for the
purpose of making the inspections or investigations as required by this chapter.
Section 4. Property Kept Clean.
(1) Owners or Occupants of Premises Required to Keep the Same'Clean.
Every person owning or occupying any premises in the corporate limits shall
keep the premises free from noxious weeds, trash, and all other forms of
animal or vegetable refuse which may be dangerous or prejudicial to the public
health, or which may constitute a public nuisance. No owner or occupant of
any premises shall bury therein any animal or vegetable matter which, upon'
decaying, may become dangerous or prejudicial to the public health, or may
constitute a nuisance.
(2) Persons Violating Section to be Notified. If any person shall vio-
late the provisions of the preceeding sub -section it shall be the duty of the
Chief of Police or the Sanitary Inspector or his associates to give notice to
the owner or person in possession of such premises that within 15 days, or
sooner from the date of such notice, all weeds, trash and other offensive
animal or vegetable matter, be removed from said lot. Should any owner or
occupant fail to comply with notice, the said Chief of Police -Sanitary Inspector
shall proceed to have removed, and such owner or occupant shall be responsible
to the Town of Atkinson for the cost thereof.
(3) Brush and Weeds --Time for Cutting. Every owner or person in
possession of a vacant lot within the corporate limits shall shrub down, within
four inches of the ground, all weeds, brush, or other noxious growth from
said lot at least twice each year: the first not later than June 15, and
the second no later than August 15 of each and every year. If said weeds or
other noxious growth are not cut in compliance with this article, the Chief of
Police -Sanitary Inspector shall proceed to have said weeds or other noxious
growth cut, and the owner or the person in possession of such lot shall be
responsible to the Town of Atkinson for the cost thereof.
(4) Cost Schedule of Charges and Payments. The rate of charge for said
removal and cutting shall be set by the Board of Aldermen and shall be on file
with the Town Clerk. The Town Clerk shall present a bill to the owner or
person in possession of said lot or premises for said removal or cutting on
the first day of the month.following the said removal or cutting. Failure to
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pay said charges within thirty days shall result in a lien upon.the lot or
premises for the amount due plus 11 percent interest for each month or fraction
thereof, until paid.
Section 5. Human Waste.
No person shall urinate or deposit any human
waste of any kind on the street, lot or premises except in approved sanitary
facilities.
Section 6. Stagnant Water. No person or occupant of any property shall
allow stagnant water to accumulate or remain in cellars or anywhere on their
property.
Section 7. Sale of Food --Eating Establishments. All persons, firms, or
corporations selling food of any kind or serving prepared meals shall comply
'
with all requirements pertaining thereto of the North Carolina State Board of
Health.
Section 8. Debris"from New Construction. All refuse, lumber, and debris
remaining both as a result of the repair of any buildings or of the erection and
completion of any new buildings, shall be removed by the property owner within
ten (10) days from the completion of the aforesaid work.
' ARTICLE II —STORAGE, COLLECTION, TRANSPORTATION AND
DISPOSAL OF REFUSE
Section 1. Trash Pick -Up. The Board shall have authority from time to
time to establish such regulations for trash pick-up and disposal as it deems
necessary and appropriate including the establishment of rates and charges
for same provided that such regulations, such rates and charges are adopted
1 by formal action of the Board at a regular or called meeting, incorporated in
the Town minutes and notice of same published for three consecutive weeks in
a newspaper having general circulation in the Town.
Section 2. Rubbish. It shall be unlawful for any person to allow rubbish
such as junked automobiles, trucks, household appliances and other items not
readily moved by one man^to accumulate. Excluded from foregoing shall be autos,
trucks, household appliances and any other items of personal property being
stored for the purpose of repair, reconstruction or sale in the ordinary course
ofbusiness.
ARTICLE III —PRIVIES -SEPTIC TANKS
Section 1. Privies Regulated. No privy of any kind shall be permitted
in the Town of Atkinson where an approved sewer is reasonably accessible. When
privies are permitted they shall be constructed in accordance with the regu-
lations of the North Carolina Board of Health. Privies altered or reconstructed
' shall also conform to these regulations. No new privies will be constructed.
(See Chapter E, Article I. Section 3(1)).
Section 2. Septic Tanks Regulated. Septic tanks may be I installed, pro-
vided such tank is constructed in accordance with the specifications of the
North Carolina State Board, of Health, and a permit therefore is issued by the
Pender County Health Department.
' r.-9

CHAPTER-H--BUSINESS AND TRADES
ARTICLE I —PRIVILEGE LICENSES
Section 1. Definitions. Wherever in this Chapter the words hereinafter
defined or construed in this Section are used, they shall, unless the context
requires otherwise, be deemed to have the following meaning:
(1) Agent. The person having the agency for the manufacturer, producer,
or distributor.
(2) Business. Any business, trade, occupation, profession, avocation
or calling of any kind, subject, by the provision of this Article, to a
license tax.
(3) Engaged in the Business. Engaged in the business as owner or
operator.
(4) Fiscal Year. The period beginning with the 1st day of July and
iending
with the 30th day of June next following.
(S) Person. Any person, firm, partnership, company or corporation.
'
(6) Quarter. Any three consecutive months.
Section 2. License Tax Upon Certain Trades and Business Operations.
In addition to the tax on property, as otherwise provided for, and under the
power and authority conferred in the laws of North Carolina, there shall be
levied and collected annually or more often, where provided for, a privilege
license tax on trades, professions, business operations, exhibitions, circuses,
I
and all subjects authorized to be licensed, as set out in the following
sections and schedule. All licenses shall be a personal privilege and shall
not be transferable. Nothing herein contained shall be construed to prevent
the Board of Aldermen from imposing from time to time, as they may see fit,
such license taxes as are not specifically herein defined, or from increasing
or decreasing the amount'of any special license tax or from prohibiting or
regulating the business or acts licensed, and all licenses are granted subject
to the provisions of existing ordinances for those hereafter enacted.
' Section 3. Unlawful to Conduct Business Without a License. It shall be
unlawful for any person or his agent or servant to engage in or carry on a
business in the Town of Atkinson for which there is a required license, without
first having paid the license tax and obtained the license. For the purpose
of this Section the opening of a place of business or offering to sell, followed
by a single sale or the doing of any act or thing in furtherance of the business
shall be construed to be engaging in or carrying on such business; and each
day that such person, firm or corporation shall engage in or carry on such
business as aforesaid, shall be construed to be a separate offense.
Section 4. License Taxes Shall be for Twelve Months. All taxes provided
for and fixed in the following sections and schedule shall be for twelve months,
II

unless specified, and'shall so -remain for twelve months beginning July 1st,
and ending June 30th; provided, that where the license is issued after
January 1st then the licensee shall be required to pay one-half the tax pre-
scribed, except where otherwise specifically provided for.
Section 5. License Required for Every Separate Business. The payment of
any particular tax imposed by this Article shall not relieve the person paying
the same payment of any other tax imposed by this Article for any other business
he may carry on, unless provided by the section imposing such tax; it being
the intent of this Article that license taxes prescribed by various sections
or sub -sections of this Article applicable to any business shall be cumulative
except where otherwise specifically provided.
Section 6. License Required for Every Place of Business. A license
issued for the privilege of conducting a business is only valid for the business
conducted at the place and by the licensee named therein. Every person doing
business in more than one factory, mill, warehouse or store, stall or stand,
or other place of business, unless such places of business are contiguous to
each other, communicate directly with an opening into each other and are operated
as a unit. If the business is moved or if the licensee sells to another, then
a new license is necessary. unless a special permit to continue business under
Section 7. License Must be Displayed at the Place of Business Licensed.
Every license must be kept prominently displayed at the place of business of
the licensee named in the license, or, if the licensee has no fixed place of
business, such licensee must keep the same wherever such business is being
operated and where it can be inspected at any time by the proper municipal
official.
Section 8. No Abatement of License Tax. No license tax shall be abated
nor shall any refund of any part thereof be made, in any case where the licensee
discontinues his business before the end of the period for which such license
was issued.
Section 9. Schedule of Annual Privilege -Licenses. (See current Schedule
on file in the office of Town Clerk.
`ARTICLE II--SUNDAY REGULATIONS
Section 1. Malt Beverages and/or Wine Sales. The sale of malt beverages
and/or wines (fortified or unfortified) in the Town of Atkinson is hereby
prohibited from 1:00 AM on each Sunday until 7:00 AM on the following Monday.
This section does not apply to the establishments having a permit issued under
Article 3 of Chapter 18-A of the North Carolina General Statutes.
Section 2. Sale of Malt Beverages and/or Wine Within 300 Feet of Chur
The sale of malt beverages and/or wine are permitted in the Town of Atkinso
as outlined in Section 1. However, no expansion of such business shall be
permitted if business is located within 300 feet of an existing church. No
permit shall be issued to a new business to sell malt beverages and/or wine
within 300 feet of an existing church.
H-2

' CHAPTER Imo -DISORDERLY CONDUCT AND PUBLIC NUISANCES
' ARTICLE I --DISORDERLY CONDUCT
Section 1. General. No occupant of any house whether residence or.'
business shall permit same to be kept in an indecent and offensive or disorderly
manner or permit loafers or idle persons to congregate therein or in front
of same to the annoyance of persons passing by or living in the vicinity.
' Section 2. (Not used.)
Section 3. House of Ill Fame. No person shall keep a house or other
place of ill fame in the Town and no person shall knowingly rent any house to be
used as a house of ill fame. All adult persons living in such house shall be
considered as keepers thereof and be subject to the penalties of this code.
Section 4. Profanity and Boisterous Conduct. It shall be unlawful for
any person to use loud and boisterous language so as to become a nuisance or
use any form of profanity or indecent language on the street or in a gathering
' or audience or assembly, or any public place whatsoever, or to indecently
expose themselves within the corporate limits.
Section S. Public Drunkenness. It shall be unlawful for any intoxicated
person to be on or upon any public street or other public place.
Section 6. Drinking in Public. It shall be unlawful for any person to
drink or otherwise partake of intoxicating liquor or alcoholic beverages or
to offer the same to any person, whether it is accepted or not, on any public
road, street or any other public place in the Town of Atkinson.
Section 7. Public Display of Intoxicating Liquor or Alcoholic Beverages.
It shall be unlawful for any person to make any public display of open con-
tainers of intoxicating liquor or alcoholic beverages on any road, street, or
other public'place in the Town of Atkinson.
ARTICLE II --GENERAL NUISANCES
Section 1. It shall be unlawful for any person, firm or corporation
' to create or assist in creating, permit, continue, or permit the continuance
of any unreasonably loud, disturbing and unnecessary noise in the Town of
Atkinson. Noise of such character, intensity and duration as to be detrimental
to the life or health of any individual is prohibited.
Section 2. Noises Expressly Prohibited. The following acts, among others,
are declared to be loud, disturbing and unnecessary noises in violation of this
Section, but said enumeration shall not be deemed to be exclusive, namely:
(1) The sounding of any horn or signal device or any device on any
automobile, motorcycle, bus or other vehicle while not in motion, except as
a danger signal if another vehicle is approaching apparently out of control,
or if in motion only as a danger signal after or as brakes are being applied
and deceleration of the vehicle is intended; the creation by means of any such
' I-1

signal device of anyunreasonnbly loud or harsh sound; and the sounding of such
device for an unnecessary and unreasonable period of time.
(2) The use of any gong or siren upon any vehicle, other than police,
fire, or other emergency vehicle.
(3) The use or operation of any -piano, manual or automatic, phonograph,
'
radio, loud speaker, or any other instrument, or sound amplifying devices so
loudly as to disturb persons in the vicinity thereof, or in such a manner as
renders the same a public nuisance provided, however, that upon application to
the Mayor, permits may be granted to responsible organizations to produce
'
programs in music, speeches or general entertainment.
'
(4) The use of any automobile, motorcycle, or other vehicle so out of
repair, so loaded or in such manner as to create loud or unnecessary grating,
•grinding, rattling, or other noise.
'
(5) The keeping of any animal or bird which by causing frequent or long
continued noise shall disturb the comfort and repose of any person in the
vicinity.
(6) The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, motor vehicle except through a muffler
or other device which will effectively prevent loud or explosive noises there—
from.
(7) The use of any mechanical device operated by compressed air unless
the noise created thereby is effectively muffled and reduced.
(8) The creation of any excessive noise on any street adjacent to any
school, institution of learning, or court while the same are in session, or
within one hundred and fifty (150) feet of any hospital, which unreasonably
interferes with the working of such institution, provided conspicuous signs
are displayed in such streets indicating that the same is a school, court or
'
hospital street.
(9) The creation of any excessive noise on Sundays on any street adjacent'
to any church, provided conspicuous signs are displayed in such streets adjacent
'
to churches indicating that the same is a church street.
'
(10) The creation of loud and excessive noise in connection with loading
or unloading any vehicle, of the opening and destruction of bales, boxes, crates
and containers.
(11) The sounding of any bell or gong attached to any building or premises
which disturbs the quiet and repose of persons in the vicinity thereof.
(12) The shouting and crying of peddlers, bakers, hawkers and vendors
'
which disturbs the quiet and peace of the neighborhood.
(13) The use of any drum, loud speaker or other instrument or device for
'
the purpose of attracting attention by creation of noise to any performance,
show or sale or display of merchandise.
I-2

(14) The use of any mechanical loud speakers or amplifiers on trucks
or other moving vehicles for advertising purposes or other purposes except
where specific license is received from the Board of Aldermen.
(15) The conducting, operating or maintaining of any garage or filling.
'
station in any residential district as to cause loud or offensive noises to
be emitted therefrom between the hours of 11:00 PM and 7:00 AM.
'
(16) The firing or discharging of squibs, crackers, gunpowder or other
combustible substance in the street
or elsewhere for the purpose of making
noise or disturbance, except by permit from the Board of Aldermen.
'
Section 3. _Firearms Regulated. It shall be unlawful for any person
to discharge any firearm of any type within the corporate limits except a
peace officer in the performance of his duty.
Section 4. Posting Bills --Other Advertising. No person shall stick,
paint, brand, stamp, write or put upon any house, fence, wall, pavement, post
or upon any property, owned,by any person, firm or corporation, or owned by
the Town of Atkinson, any printed, written, painted, or other advertisement,
bill, notice, sign or poster, without first havingobtained the written per—
mission of the owner of such property.
ARTICLE III —ANIMALS:
Section 1. Animals at Large. Any dog or other animal other than stray
dogs, that cause any damage to property or injury to person, the owner or
custodian of such animal shall be notified by the Board of Aldermen that such
animal has caused damage or injury and such owner or custodian shall thereafter
cause such animal to be confined. Failure of such owner or custodian to con—
fine such animal after receiving notice from Town Board shall be in'violation
of this ordinance and such violation shall constitute a misdemeanor punishable
by a fine not to exceed $50.00 and/or imprisonment not to exceed 30 days in
Jail. Each day that such owner or custodian shall fail to confine such animal
after notice shall constitute a separate violation hereunder.
Section 2. Hog Pens. No person shall be permitted to keep or maintain
any hog pen, or keep any 'hogs, for household consumption, within one hundred
and fifty feet of any dwelling house or room used for sleeping quarters.
Section 3. Pig Pens.. No person shall maintain a pig pen or other
enclosure for pigs, for household consumption, within one hundred and fifty
feet of any dwelling house or room used for sleeping quarters.
Section 4. Commercial Livestock or Commercial Poultry. No person, firm
' or corporation shall maintain a commercial hog pen or pig pen or other commercial
livestock within the Corporate limits of the Town of Atkinson.
I-3
1
1

CHAPTBR J—BUILDING CODES
ARTICLE I --GENERAL BUILDING REGULATIONS
Section 1. Building Inspector. Such officer or employee as the Board
may appoint shall be the Building Inspector of the Town of Atkinson and he
shall possess all the powers conferred and perform all the duties prescribed
by G.S. 160-117 and other Sttutes applicable thereto, except as prescribed
in Article III, Section I of this Chapter. He shall possess such powers and
perform such further duties as may be prescribed by this Chapter. He shall
receive the fees allowed by Statute. The said Inspector or his deputy shall
have the right to enter, at all reasonable times, any building, structure or
premises, within the Town, for the purpose of inspection, or in the performance
of his duties. He shall make or cause to be made, such inspections of all
chimneys, flues, steam and fire openings within the Town. He may, when
occasion requires, appoint a deputy or deputies, to perform any part of his
duties.
Section 2. Building Permit Required. It shall be unlawful for any
person, firm or corporation to hereafter erect, construct or build, or cause
or authorize the same on any lot or parcel of land within the corporate limits,
any building or structure of any kind or description, without and until such
person, firm or corporation first submits to the Building Inspector a duly
signed and complete application to be accompanied by plans and specifications
for such a building or structure. The application shall include material to
be used in such building or structure, the proposed location thereof, the purpose
for which such building or structure is to be used, the cost of such a building
or structure,, and such other information concerning the same that will enable the
Building Inspector to properly pass upon the application of such person, firm
or corporation, to erect, build or construct such a building or structure
within the corporate limits. Until such person, firm or corporation obtains
sucha permit to erect, build or construct such a building or structure as
described in the application for permit, it shall be unlawful for such person,
firm or corporation to proceed with the erection, building or construction of
such a building'or structure as herein provided.
Section 3. Building Permit Fees. Building permit fees shall be those
applicable fees required by the Pender County Building Inspection Department.
Section 4. National Building'Code Adopted. The applicable "North
Carolina State Building Code," and the "North Carolina Uniform
Residential Building Code" found therein is hereby adopted as the official
Building Code of the Town of Atkinson, North Carolina.
Section 5. Gasoline Storage Tank. It shall be unlawful for any person
to construct or erect any storage tank for gasoline, oil or other combustible
or inflammable materials containing or capable of containing more than one
hundred gallons until a permit is obtained from the Building Inspector and all
applicable regulations and permits have been approved. Information on size,
location and planned use of tank shall be provided to Atkinson Fire Chief.
J-1

1
ARTICLE II --CONDEMNATION
Section 1. Inspection of Dangerous Buildings or Structures. Whenever
'
the Board of Aldermen of the Town of Atkinson is informed that any building
or other structure within the Town is especially dangerous in case of fire,
by reason of the bad condition of the walls, defective construction, decay,
or other causes, or is so situated as to endanger the lives of persons passing
'
by or residing in the vicinity thereof, they shall forthwith require the
Building Inspector, togehter with the Mayor and Fire Chief, to make a survey
of said building, or structure, and report to them their opinion of the same.
'
The Board of Aldermen shall then arrive at a decision whether or not to con-
demn said building or structure: (Note: This section relieves the Building
Inspector of the sole responsibility for condemning buildings or structures
under Article I, Section 4 of this Chapter; however, all other procedures
'
and responsibilities remain applicable.)
'
Section 2. Owner to Correct Hazard. The Building Inspector shall for
every building which shall be condemned under Section 1 of this Article, invoke
the Building Code of the Town of Atkinson to require the owner to correct the
hazard. However, the Board of Aldermen may at its discretion suspend the
'
punitive provisions of said Building Code and order or cause said condemned
building or structure to be torn down and the debris removed and the lot
cleared of all material. The owner of said property shall be responsible to
the Town of Atkinson for the cost thereof. The rate of charge for said tearing
'
down and clearing shall be set by the Board of Aldermen and shall be on file
with the Town Clerk. The Clerk shall present a bill to the owner or his agent
for said tearing down and clearing, the first day of the month following com-
pletion of the work. Failure to pay said charges within thirty days shall
result in a lien upon the property for the amount due plus 11 percent interest
for each month or fraction thereof until paid.
ARTICLE III —TRAILERS OR MOBILE HOMES REGULATED
Section 1. Trailers or mobile homes are hereby granted permission to
be placed in the Town of Atkinson in compliance with the Pender County Mobile
Home Ordinance and any applicable Zoning requirements.
ARTICLE IV --YARD REGULATIONS
Section 1. To'What Structures Applicable. The following provisions
provide for regulation of front yard, rear yard, side yard, corner lot and
' trailer park distances relating to construction, alteration, repair, or removal
of buildings or structures, including mobile homes, erected or to be erected
or locating in the Town of Atkinson. The provisions of this Section shall
apply only to buildings, duplexes, apartments, mobile homes, or structures
' hereafter erected or located within the Town Limits. Applicable only to
areas currently subdivided and platted. (Min. mtg 9-6-73 WBM)
Section 2. Applications, Plans and Permits. The application, plans and
permits required by Article 1 of this Chapter shall be required and shall
reflect the provisions of this Article.
J-2

' Section 3. Front Yard Requirements. Front yard requirements shall be as
follows:
(1) New residential buildings shall conform to the building lines establishe-
by neighboring structures, except that no new residential building shall be
erected closer to the center line of the fronting street than 35 feet or be
set back farther than 55 feet.
(2) The standard front yard distance for residential areas where there are
no neighboring structures shall be at least 55 feet.
' (3) Single mobile homes shall comply with the provisions of this section.
' (4) New buildings or structures for business purposes shall be offset
from the center line of the fronting street a distance of at least 35 feet.
Section 4. Side Yard Requirements.
(1) No residential building or mobile home or structure of any kind shall
be erected closer to an adjoining property line than 5 feet and shall have a
' side yard distance of at least 8 feet on either side of said building, mobile
home or structure.
(b) Buildings or structures in a business district shall have a side
yard distance of at least 3 feet on either side of the building so they can be
entered and cleaned. Buildings with common walls are excepted from this
provision.
Section 5. Rear Yard Requirements.
(1) All buildings, mobile homes or structures shall have a rear yard
at least 15 feet in depth from the rear property to said building, mobile home
or structure.
(2) Accessary buildings such as garages and woodsheds may be erected
in rear yards; however, they shall not be erected closer to a property line
than 5.feet or occupy a cumulative total area of more than 25 percent of the
rear yard area available.
Section 6. Corner Lot Requirements.
(1) No structure or planting at a height greater than 31 feet above the
curb level shall be erected or planted or be allowed to grow within a distance
of 20 feet from a street intersection, measured from the curb line or corner
right-of-way.line, on streets without curbs, where said lines intersect.
(2) The side yard requirements are the same as front yard requirements,
on the street side of buildings, mobile homes or other structures when located
on corner lots.
Section 7. Off -Street Parking and Loading.
(1) All business establishments shall provide space for off-street
J-3

parking and loading consistegt with the type of business conducted. The
minimum front yard areas shall not be used for this requirement:
(2) The minimum space requirement for off-street parking and loading
shall be two times the floor area within the business establishment.
Section 8. Mobile Home Parks
(1) Mobile homes grouped in a park shall meet all the requirements for
front, side, and rear yard and corner lots as a group.
(2) Individual mobile homes within the group shall:
(a) Each have access -to a driveway and an off-street parking space.
(b) Be allotted a minimum area of 30 x 70 feet and there shall be
a minimum of 25 feet between mobile home units.
(c) Be provided with approved water, electric, sewage and heating
fuel connections.
(3) Each individual unit area shall be provided with a concrete slab
foundation for mounting said unit and shall include anchor points for storm and
hurricane anchoring, and shall include a walkway to the driveway here -to -fore
required.
(4) All driveways shall consist of re -enforced concrete, complete with
curbing and storm drains. The storm drains shall exit the said mobile park
at a point whereby ample drainage is available.
Section 9. Yard Regulations Superseded by Adoption of Zoning Ordinance.
Yard Regulations Section 1 through Section 7 of the ordinance remain in effect
until adoption of a Zoning Ordinance for the Town of Atkinson. Subsequent to
adoption of the local Zoning Ordinance, such ordinance shall supersede Article V,
Section 1 through Section 7 of this ordinance.
J-4

CHAPTER K—PENALTIES
Section 1. Any person, firm or corporation violating any of the pro—
visions of any section or sub —section of this Ordinance, or failing or
neglecting or refusing to comply with same shall, upon conviction, be guilty
of a misdemeanor and subject to a fine and/or imprisonment, at the discretion
of the Court, and each day that any of the provisions of this Ordinance are
violated shall constitute a separate offense.
K-1

DCM COPY
Please do not remove.
Division of Coastal Management Copy
Town of Atkinson
Subdivision regulations
Technical Assistance
Howard T. Capps `? Associates
Landscape Architect • Land Planner
Wilmington, North Carolina

Town of Atkinson
Subdivision Regulations
The preparation of this document was financed in
Part through a grant provided by the North Carotin
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
Ocetnir a,ul Atmospheric Administration,

ATKINSON, NORTH CAROLINA
SUBDIVISION ORDINANCE
Table of Contents
Page
ARTICLE I -- TITLE AND PURPOSE . . . . . . . . . . . . . . . . . . . 1
1.
Title . . . . ... . .
1
2.
Purpose . . . . .
1
ARTICLE
II — AUTHORITY AND JURISDICTION . . . . . . . . . . . . . .
1
1.
Authority . . . . . . . . . . . . . . . . . . . . . .
1
2.
Jurisdiction . . . . . . . . . . . . . . . . . . . . . .
2
ARTICLE
III — PREREQUISITE TO PLAT RECORDATION AND APPROVAL OF
PUBLIC SERVICES . . . . . . . . . . . . . . . . . .
2
1.
Prerequisite to Plat Approval . . . . . . . . . . . . . . .
2
2.
Approval of Public Services . . . . . . . . . . . . . . . .
2
ARTICLE
IV -- LEGAL PROVISIONS . . . . . . . . . . . . . . . . . . .
2
1.
Administration . . . . . . . . . .
2
2:
Procedure for Plat Approval and Recording . . . . . . . . .
2
3.
Enforcement . . . . . . . . . . . . . . . . . . . . .
3
4.
Penalties for Violation •. . . . . . . . . . . .
3
5.
Effect of Plat Approval on Dedications . . . . . . . . . .
4
6.
Separability . . . . . . . . . . . . . . . . . . . .
4
7.
Variances . . . . . . . . . . . . . . . . . . . . . . . . .
4
8.
Amendments . . . . . . . . . . . . . . . . . . . . . . . .
4
9.
Abrogation . ... . . . . . . . . . . . . . . . . . . . . .
5
10.
Effective Date . . . . . . . . . . . . . . . . . . . . . .
5
ARTICLE
V -- COMPLIANCE WITH OFFICIAL PLANS . . . . . . . . . . . .
5
1.
Thoroughfare' Plans . . . . . . . . . . . . . . .
5
2.
Zoning Ordinances . . . . . . . . . . . . . . . . . . . . .
5
ARTICLE
VI -- PROCEDURES FOR REVIEW AND REQUIREMENTS FOR APPROVAL OF
SUBDIVISION PLATS . . . . . . . . . . . . . . . . . .
6
1.
Procedure for Review ••. . . . . . . .
6
2.
Requirements for Approval ofSubdivisionPlats . . . . . .
7
ARTICLE
VII -- REQUIRED IMPROVEMENTS AND MINIMUM STANDARDS OF DESIGN
FOR SUBDIVISIONS . . . . . . . . . . . . . . . . . .
12

1. Required Improvements . . . . . . . . . . . . . . . . . . 12
2. Design Standards . . . . . . . . . . . . . . . . . . 12
ARTICLE VIII — DEFINITIONS . . . . . . . . . . . . . . . . . . . 15
1. Subdivision Defined . . . . . . . . . . . . . . . . . . 15
2. Other Definitions . . . . . . . . . . . . . . . . . . . . 15
3. Word Interpretation . . . . . . . . . . . . . . . . . . . . 18
n

ATKINSON, NORTH CAROLINA
SUBDIVISION ORDINANCE
ARTICLE I
TITLE AND PURPOSE
1. TITLE
This Ordinance shall be known and may be cited as the Subdivision
Ordinance for the Town of Atkinson, North Carolina, and may be referred
to as the Subdivision Ordinance.
2. PURPOSE
The purpose of this Ordinance is to establish procedures and standards
for the development and subdivision of land within the territorial juris—
diction of the Town of Atkinson. It is further designed to provide for
the orderly growth and development of the Town of Atkinson; for the coordi—
nation of streets and highways within proposed subdivisions with existing
or planned streets and highways and with other public facilities such as
water, sewer and drainage lines; for the dedication or reservation of
recreation areas serving residents of the immediate neighborhood within the
subdivision and of rights —of —way or easements for street and utility pur—
poses; and for the distribution of population and traffic in a manner that
will avoid congestion and overcrowding and will create conditions essential
to public health, safety, and the general welfare. This Ordinance is
designed to further facilitate adequate provision for water, sewerage,
parks, schools, and playgrounds, and also facilitate the further resubdivibion
of larger tracts into smaller parcels of land.
ARTICLE II
s
AUTHORITY AND JURISDICTION
1. AUTHORITY
This Ordinance is hereby adopted under the authority and provisions
of the General Statutes of North Carolina, Chapter 160A, Article 19,
Part 2.
1

2. JURISDICTION
The regulations contained herein shall govern each and every sub-
division of land within the Town of Atkinson as provided in N.C.G.S. 160A,
Article 19, including any established extraterritorial areas of the Town
of Atkinson.
ARTICLE III
PREREQUISITE TO PLAT RECORDATION AND APPROVAL OF PUBLIC SERVICES
1. PREREQUISITE TO PLAT RECORDATION
After the effective date of this Ordinance, each individual subdivision
plat of land within the';jurisdiction of the Town of Atkinson shall be
approved by the Town of Atkinson Planning Board in accordance with the pro-
cedures for submission and approval as set forth herein.
2. APPROVAL OF PUBLIC SERVICES
No construction permits shall be issued, nor shall water, or other
Town facilities or services be extended to or connected with any Subdivision
for which a plat is required to be approved unless, and until, such final
plat has been approved by the Town of Atkinson Planning Board and recorded
in the Office.of the Pender County Register of Deeds.
ARTICLE IV
LEGAL PROVISIONS
1. ADMINISTRATION
The Town of Atkinson Planning Board shall be the administrator of
this Ordinance. The Town of Atkinson Planning Board shall be responsible
for plat approvals and any other duties consistent with the administration
of this Ordinance. The Board shall report any violations of any provisions
of this Ordinance of which it is aware to the Board of Aldermen of the Town
of Atkinson with its recommendations to prevent and remedy such violations.
2. PROCEDURE FOR PLAT APPROVAL AND RECORDING
After the effective date of this Ordinance, no subdivision plat of
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land within the jurisdiction of the Town of Atkinson
shall be filed or
recorded until
it has been submitted to and approved
by the Town of Atkinson
Planning Board
as set forth in Article III, Section 1
of this Ordinance,
and until this
approval is entered in writing on the
face of the plat by
the Chairman,
Vice Chairman, or their official designee.
The Register of Deeds shall not file or record a plat of subdivision
of land located within the territorial jurisdiction of the Town of Atkinson
that has not been approved in accordance with these provisions, nor shall
the Clerk of Superior Court order or direct the recording of a plat if the
recording would be in conflict with this section.
3. ENFORCEMENT
A. Register of Deeds — After the effective date of this Ordinance
the Register of Deeds of Pender County shall not permit the recordation of
any subdivision plat of land unless such plat has been submitted to and
approved by the Town of Atkinson Planning Board in accordance with the
provisions of this ordinance. After the effective date of this Ordinance
the Pender County Register of Deeds shall not permit the recordation of any
deed of land transfer until a map group and parcel number has been assigned
to the parcel of land for which the deed was drawn by the Pender County Tax
Supervisor's Office and such number is indicated on the deed.
B. County Tax Supervisor — After the effective date of this Ordinance
the Pender County Tax Supervisor shall not issue any (map group) parcel
numbers unless the parcel to which the number is to be assigned is (a)
depicted on subdivision final plat that is recorded in the office of the
Register of Deeds of Pender County, before the effective date of this
Ordinance; (b) that has been approved by the Town of Atkinson Planning
Board; or (c) the final plat is stamped "No Approval Required" -and signed
' by the Clerk to the Town of Atkinson Planning Board in accordance with the
provisions of this Ordinance.
4. PENALTIES FOR VIOLATION
After the effective date of this Ordinance, any person who, being the
owner or agent of the owner of any land located within the territorial
jurisdiction of this Ordinance, subdivides his land in violation of this
Ordinance or transfers or sells land by reference to, exhibition of, or
any other use of a plat showing a subdivision of land before the plat has
been properly approved under the terms of this Ordinance and recorded
in the Office of Pender County Register of Deeds, shall be guilty of a
misdemeanor. The description of a parcel of land bounds, as distinguished
from description by reference to a plat, as the instrument of transfer, or
other document used in the process of selling or transferring land, shall
not exempt the transaction from this penalty. The Town of Atkinson through
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its attorney or other official designated by the Board of Aldermen of the
Town of Atkinson, may enjoin illegal subdivision, transfer or sale of land
' by action for injunction. Further, violators of this Ordinance shall be
subject, upon conviction, to fine and/or imprisonment as provided by
N.C.G.S. 14.4.
j5. EFFECT OF PLAT APPROVAL ON DEDICATIONS
The approval of a plat pursuant to this Ordinance shall not be deemed
to constitute or effect the acceptance by the Town of Atkinson of the
dedication or maintenance of any street or other land area, public utility
line, or other public facility shown on the plat. Acceptance of the dedi—
cation or maintenance of any such facility shall require a resolution of
acceptance and/or maintenance by the Board of Aldermen of the Town of
Atkinson.
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6. SEPARABILITY
Should any section or provision of this Ordinance be decided by a
court of competent jurisdiction to be unconstitutional or invalid, such
decision shall not affect the validity of the Ordinance as a whole or any
part thereof other than the part so declared to be unconstitutional or
invalid.
7. VARIANCES
Where, because of severe topographical or other conditions peculiar
to the site, strict adherence to the provisions of this Ordinance would
cause an unnecessary hardship, the Board of Aldermen of the Town of Atkinson
may, upon recommendation of the Town of Atkinson Planning Board, awthorize
a variance to the terms of this Ordinance only to the extent that is
absolutely necessary and not to an extent which would violate the intent of
the Ordinance. .
8.• AMENDMENTS
.l
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The Board of Aldermen of the Town of Atkinson may, from time to time,
amend the terms of this Ordinance, but no amendment shall become effective
unless it shall have been proposed by or shall have been submitted to the
Town of Atkinson Planning Board for review and recommendation. The Planning
Board shall have thirty (30) days within which to submit its report. If the
Planning Board fails to submit a report within the specified time, it shall
be deemed to have approved the amendment.
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9. ABROGATION ,
It is not intended that this Ordinance repeal, abrogate, annul, impair
or interfere with any existing easements, convenants, deed restrictions,
agreements, rules, regulations or permits previously adopted or issued pur-
suant to law. However, where this Ordinance requires higher standards, the
provisions of this Ordinance shall govern.
10. EFFECTIVE DATE
This Ordinance shall take effect and be in force from and after the
day of ,
Duly adopted by the Board'of Aldermen of the Town of Atkinson on this
ATTEST:
MI-AM-12130 +p
ARTICLE V
COMPLIANCE WITH OFFICIAL PLANS
1. THOROUGHFARE PLANS
Where a proposed subdivision includes any part of a proposed thorough-
fare which has been designated as such on an officially adopted Thoroughfare
Plan for the Town of Atkinson, all parts of such thoroughfare shall be
platted by the subdivider in the location shown on the Plan and at the
right-of-way width specified in this Ordinance.
2. ZONING ORDINANCES
Where a proposed subdivision is located in an area in which the Board
of Aldermen of the Town of Atkinson has adopted a Zoning Ordinance and Zoning
Map, said subdivision must comply in all respects with the requirements of
the Zoning Ordinance.
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ARTICLE VI
PROCEDURES FOR REVIEW AND REQUIREMENTS FOR
APPROVAL OF SUBDIVISION PLATS
1. PROCEDURE FOR REVIEW
A. Preliminary'Plat
The subdivider or his authorized agent shall submit three copies
of the preliminary plat, and any supplementary materials, to the
Town of Atkinson Planning Board at least fourteen (14) days prior
to a regular meeting of that Board.
At the next regularly scheduled meeting of the Town of Atkinson
Planning Board that follows at least fourteen (14) days after the
plat is submitted, the Planning Board shall review the preliminary
plat for compliance with the requirements of this Ordinance and
Zoning Ordinance.
If the preliminary plat meets the requirements of this Ordinance
and is approved, the approval stamp of the Town of Atkinson Planning
Board shall be placed on at least two (2) copies of the preliminary
plat and shall be signed by the Chairman or Vice Chairman of the
Town of Atkinson Planning Board. One stamped and signed copy of the
preliminary plat shall be returned to the subdivider or his authorized
agent and a copy shall be retained as an official record of the Town
of Atkinson Planning Board.
If the preliminary plat does not meet the requirements of this
Ordinance and is disapproved, the Town of Atkinson Planning Board
shall state its reasons for disapproval. One copy of these reasons
for disapproval shall be forwarded to the subdivider or his authorized
agent, and one copy shall be retained as an official record of the
Town of Atkinson,Planning Board.
If the preliminary plat is disapproved, the subdivider may correct
the deficiencies noted in the reasons for disapproval and submit
a revised preliminary plat.
B. Improvements
Upon approval of the preliminary plat by the Town of Atkinson
Planning Board, the subdivider may proceed with the preparation
of the final plat, and the installation or arrangement for required
improvements in accordance with the approved preliminary plat and
the requirments of this Ordinance.
Prior to the approval of a final plat by the Town of Atkinson
Planning Board, the subdivider shall have installed those improvements
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specified in Article bII of this Ordinance or shall have,guaran-
teed their installation as provided in Article VII of this
Ordinance.
C. Final Plat
Upon installation or arrangement of the required improvements, the
subdivider shall submit a final plat, so labeled, to the Town of
Atkinson Planning Board not more than twelve (12) months after the
date on which the preliminary plat was approved. If a final plat
is not submitted within a twelve (12) month time period, the pre-
liminary plat approval shall be null and void, and the preliminary
plat must be submitted in accordance with Section B above.
No final plat shall be approved unless and until the subdivider has
installed in that area; represented on the final plat, all improvements
required in Article VII of this Ordinance. A final plat may include
the total or portions of the area included on the approved preliminary
plat. Any and all such portions must fully comply with the require-
ments for approval of a final plat as set forth in this Ordinance.
■ The Town of Atkinson Planning Board shall review the final plat for
consistency with the approved preliminary plat and for compliance
with the requirements for final plats as set forth in this Article.
The Planning.Board shall, through on -site inspection, insure that
those improvements required have been installed in accordance with
Article VII of this Ordinance.
When the final plat is found to be consistent with the approved pre-
liminary plat and to contain the required information and materials,
the Chairman of the Town of Atkinson Planning Board shall place the
stamp of approval of the Planning Board and his/her signature on the
final. plat. The stamp of approval and the signature of the Chairman
of the Planning Board shall consititute approval of the final plat.
2. REQUIREMENTS FOR APPROVAL OF SUBDIVISION PLATS
1 A. Preliminary Plat
' 1. Number of Copies and Graphic Media
A minimum of three (3) copies of the preliminary plat shall be
submitted. No specific graphic media must be employed.
2. Scale
Preliminary plats shall be prepared at a scale of one (1) inch
equals one hundred (100) feet, one (1) inch equals two hundred
(200) feet, or one (1) inch equals fifty (50) feet.
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Plat Preparation."
It is not required that the preliminary plat be prepared by a
registered land surveyor. The subdivider or another individual
may prepare this plat so long as it meets the requirements as
specified in this Ordinance.
4. Certificate of Proposed Utilities
Preliminary plats shall be accompanied by a letter from the
County Health Director (or designee) stqting that the proposed
utility system(s) (water acquisition and sewage disposal) would
feasibly meet existing adopted standards for minimum health
safety. In the case of a situation in which the proposed utility
system(s) does not come under the regulatory authority of the
County Board of.Health, such certification (letter) must be
provided by the North Carolina Division of Environmental Manage-
ment or appropriate State agency. Any Major Subdivision Plat
(or portion thereof) not receiving this certification shall be
affixed with the below notation (on the final plat) prior to
receiving the Town of Atkinson Planning Board Stamp of Approval:
NOTE: The water/sewerage system(s) for this parcel(s) has not
received County Health Department/N.C. Division of Environmen-
tal Management certification for meeting minimum health
standards. Such certification must be obtained prior to the
use of this parcel(s) for human habitation.
S. Certification of Proposed Public Streets
Preliminary plats shall be accompanied by a letter from the
North Carolina Department of Transportation, Division of Highways,
District Engineer, stating that all proposed streets intended for
public use meet minimum design standards for subdivision streets
as set forth by the State Secondary Roads Council, in accordance
with N.C.G.S.'136-102.6(c).
6. Certification of Proposed Drainage Systems
Preliminary plats shall be accompanied by a letter from the
District,Conservationist (or designee) of the Pender Soil and
Water Conservation District stating that proposed drainage system
would provide effective drainage of the area in the proposed
subdivision and providing any current soils information available
for the property being divided.
7. Contents Required
The preliminary plat shall depict or contain the following
information:

a. Name of the -proposed subdivision and name, address, and
telephone number of the owner of the proposed subdivision;
b. Name of the designer of the proposed subdivision;
c. Name of the county, township and state in which the proposed
subdivision is located;
d. A sketch or vicinity map (with scale and north arrow)
depicting the surrounding area including the distance from
a proposed property corner to the intersection of two
State maintained roads (in lieu of the intersection of two
State maintained roads, a bridge, culvert or other permanently
fixed point and a State maintained road may be utilized);
e. Approximate corporate boundaries, township boundaries and
county lines as appropriate;
f. Date of plat preparation;
g. North arrow with approximate indication whether true grid
or magnetic;
h. Scale indicated in words or numbers and a bar graph;
i. Length of all existing and proposed property lines including
the boundaries of all lots being created by the division;
j. The total number of lots being created by the division and the
minimum lot size, lots numbered consecutive and block numbers
if applicable;
k.
Approximate location of existing roads, water courses, marshes,
swamps, ponds or lakes, railroads, bridges, culverts, storm
drains and drainage ditches;
1.
Names of owners of adjoining properties and recorded plats;
m.
Description of the proposed utility systems (water, sewage);
i.e.�on-site well and septic tank, community water and/or
sewerage system, public water and/or sewerage system, etc.;
n.
Proposed drainage systems with an indication of any provisions
that,are proposed for perpetual maintenance of these systems;
o.
Location of proposed streets, existing and platted streets on'
adjoining properties and in the proposed subdivision, right-of-
way for streets, pavement widths.
NOTE: If any street is proposed to intersect with a State
maintained road, the preliminary plat shall be accom-
panied by an application for driveway approval as
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required by the Department of Transportation, Division
of Highways Manual on Driveway Regulations;
p. All streets designated as either "Public" or "Private";
q. Site calculations including: 1) acreage in total tract
being subdivided; 2) acreage in proposed parks and other non-
residential use; 3) Linear feet in proposed streets;
' r. Proposed location and size of parks, school sites, or other
recreational or open spaces, if any,, and their future ownership
(dedication for public use to governmental body, for property
owners' use to duly consitituted homeowners or community
association or for tenants with property remaining in subdivider's
ownership);
s. Any proposed natural buffers; pedestrian, bicycle or other
rights -of -way; utility, drainage or other easements; their
location and width and purpose;
t. Any other information considered by either the subdivider or
the Town of Atkinson Planning Board to be pertinent to the
review of the preliminary plat;
u. Present zoning classification.
B. Final Plat
1. Maintenance Guarantee
The Town of Atkinson Planning Board shall secure for all sub-
dividers a letter in which said subdivider shall agree to maintain
any required improvements located within said subdivision including
roads, drainage ditches, water and sewer systems (where applicable
and any ditches dug in connection with the installation of such
improvements). Such letter shall be binding on the subdivider
for a period of one year after satisfactory installation of
required improvements.
2. Plat Prepared
The final plat shall be prepared by or under the supervision of
a land surveyor licensed and registered to practice in the State
of North Carolina.
3. Number of Copies and Graphic Media
A minimum of three (3) copies of the final plat shall be submitted
to the Town of Atkinson Planning Board for approval; one of these
shall be drawn in ink on reproducible material (reproducible by
traditional ozalid process), including an original drawing on

vellum paper, linen, mylar or other transparent material or a
sepia copy. The other two copies may be submitted as a black -
line or photocopy.
4. Scale
Final plats shall be prepared at a scale of one (1) inch equals
one hundred (100) feet or one (1) inch equals two hundred (200)
feet, or one (1) inch equals fifty (50) feet.
5. Certification Required
The following signed certificate shall appear on all copies of
the final plat which are submitted to the Town of Atkinson
Planning Board for approval:
a. Certificate of Dedication and Ownership
"The undersigned hereby acknowledge(s) that the land
shown on this plat is within the subdivision regulation
jurisdiction of the Town of Atkinson and that this plat
and allotment is my (our) free act and deed.
Owner's Signature
6. Contents Required
The final plat shall depict and contain all of the information
required in the preliminary plat (Article VI, Section 2, Sub-
section B). In addition, the final plat shall depict or contain
the following information:
a. Sufficient engineering data to determine readily and reproduce
on the ground every straight or curved boundary line, street
line, lot line, right-of-way line, easement line, and setback
line, including dimensions, bearings, or deflection angles,
radii, central angles, and tangent distances for the center
line of curved streets and curved property lines that are not
the boundary of curved streets. All dimensions shall be
measured to the nearest one -tenth of a foot and all angles to
the nearest minute;
b. The accurate locations and descriptions of all monuments,
markers, and central points;
c. A statement signed by the land surveyor who prepared the
final plat or under whose supervision it was prepared indicating
the source of the information depicted on the plat (whether
actual survey or from recorded deeds). The signature on this
statement shall be certified as true by a Notary Public or
Clerk of Superior Court;

II
d. North arrow.with indication whether true or magnetic, and date
of magnetic reading;
e. Length and bearing of all existing and proposed property lines;
f. Accurate site calculations: 1) acreage in total tract being
' subdivided, 2) acreage in proposed parks and other non-residen-
tial use, 3) linear feet in proposed streets;
g. Statement of ownership as shown in item #5 above.
ARTICLE VII
REQUIRED IMPROVEMENTS AND
MINIMUM STANDARDS OF DESIGN FOR SUBDIVISIONS
1. REQUIRED IMPROVEMENTS
Each subdivision within the jurisdiction of this Ordinance shall contain
the following improvements: '
A. Graded streets.
B. Adequate.drainage system.
C. Installation of water distribution and sewerage collection lines
within the subdivision and connection to a county or municipal water
and/or sewerage system where a county or municipal system exists
adjacent to the subdivision or the property being subdivided.
D. Street name markers.
E. Monuments as required by the North Carolina General Statutes Chapter 39,
Article 5; and in addition, two consecutive property corners shall be
marked with permanent markers, said markers shall be of concrete,
four (4) inches in diameter, thirty (30) inches in length, and set a
minimum of twenty-four (24) inches into the ground.
2. DESIGN STANDARDS
A. Design standards for streets
1. All proposed public streets in any subdivision within the
jurisdiction of this Ordinance shall be constructed so as to
meet the minimum construction design standards established by
the Department of Transportation with regard to subdivision
street design.
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' 2. Reserve strips
'Reserve strips shall be p prohibited.
3. Marginal access streets
Where a tract of land to be subdivided adjoins an existing State
maintained road, the subdivider may be required to provide a
marginal access street parallel to the State maintained road, or
reverse frontage on a subdivision street to be developed adjacent
to the State maintained road. Where reverse frontage is establishe
private driveways shall be prevented from having direct access
to the expressway.
4. Street name markers
All subdivision streets shall be named and street name markers
shall be installed in the subdivision,
S. Half streets
streets shall be prohibited.'
6. Cul-de-sac
Permanent deadline streets shall not exceed five hundred (500)
feet in length unless necessitated by topography and shall be
Provided with a turn -around having a minimum right-of-way radius
Of fifty (50) feet, a minimum stabilized surface radius of
thirty-five (35) feet.
7. Tan ent
A tangent of at least one hundred (100) feet shall be provided
between reverse curves on all subdivision streets.
B. Design Standard for Blocks
1• General -- The lengths, width, and shapes of blocks shall be
determined with due regard to: provision of adequate building
sites suitable to the special needs of the type of use contemplated;
zoning requirements as to lot sizes and dimensions; needs for
vehicular and pedestrian circulation, control and safety traffic;,l'imitations and opportunities of topography; ient access to water areas. Y of street
PhY; and conven-
t. Block Length -- Blocks shall not be less than four hundred
(400)
nor more than thirteen hundred twenty (1,320) feet in length.
13

3. Block Width -- Blocks shall have sufficient width to.allow two
(2) tiers of lots minimum depth except where single -tier lots
arc rv(pd red to separate residential development from through
vehicular Lraffic or another type of use, or when abutting a
water area.
C. Design Stardards for Storm Water Drainage
The subdivider shall provide an adequate drainage system for the
proper drainage of all surface water. The design of such a system
shall be certified by the Pender County Soil and Water Conservation
District as herein before required.
D. Placement of Monuments
In accordance with Chapter 39, Article 5A of the North Carolina General
Statutes, permanent markers shall be placed at one or more corners of
the subdivision to be designated as "control corners." In addition,
permanent markers shall be placed at the intersection of centerlines,
offset lines, points of curvature or other control points within or on
the right-of-way lines of two or more streets. The permanent markers
shall be of such material and affixed to the earth in such a manner as
to insure as great a degree of permanence as is reasonably practical.
E. Design Standards
1. General Design
All major subdivisions shall be designed so as to minimize flood
damage to any lots, buildings or other facilities within the
development.
2. Utilities
a. All utilities in a subdivision including water systems,
sewerage systems, gas lines, and electrical distribution
facilities shall be designed and constructed so as to
minimize flood damage to those facilities.
b. All water supply and sewerage systems within a proposed
minor subdivision shall be designed so as to eliminate
infiltration of flood waters into the systems and eliminate
discharges from the systems into flood waters.
c. Any on -site waste disposal system shall be located so as
to avoid impairment of the system or contamination from the
system during flooding.
d. Utility (electric and telephone) poles and any other similar
facilities shall not be placed closer than one (1) foot to
the corner of any property so as to facilitate surveying and
prevent the destruction of survey markers.
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ARTICLE VIII
DEFINITIONS
1. "SUBDIVISION".DEFINED#
For the purpose of this Ordinance, "subdivision" means all divisions
of a tract or parcel of land into two or more lots, building sites, or
other divisions for the purpose of sale or building development
(whether immediate or future) and includes all divisions of land in-
volving the dedication of a new street or a change in existing streets;
however, the following is not included within the definition and -is not
subject to any regulations enacted pursuant to this Ordinance:
(a) The combination or recombination of portions of previously
platted lots where.total number of lots is not increased
and the resultant lots are equal to or exceed the standards
of the Town of Atkinson, as shown in its subdivision regulations;
(b) the division of land into parcels greater than ten (10) acres
where no street right-of-way dedication is involved;
(c) the' public acquisition by purchase of strips of land for the
widening or opening of streets; and
(d) the division of a tract in single ownership whose entire area is
" no greater than two (2) acres into not more than three (3) lots,
where no street right-of-way dedication is involved and where the
resultant lots are equal to or exceed the standards of the Town
of Atkinson, as shown in this Ordinance.
*This definition is extracted directly from the North Carolina General
Statues Chapter 160A-376.
For the purpose of this Ordinance, the following definition also shall
not be included in the above definition of a "subdivision":
The conveyance of land to heirs for the purpose of dividing real estate
among said heirs. (This exclusion results from the North Carolina Court of
Appeals decision in Claude A. Williamson, Jr., and wife, Angela C. Williamson
Vs. Dorothy Avant (21 N.C. App. 211).
2. OTHER DEFINITIONS,
For the purpose of this Ordinance, certain words or terms used herein
shall be defined as follows:

I
Alley -- A minor right-of-way privately or publicly owned, primarily for
service access to the back or side of properties.
2.
Buffer Strip — A solid fence or wall, or a planted strip at least five
t
(5) feet in width composed of deciduous and/or evergreen trees spaced
not more than ten (10) feet apart, and not less than one (1) row of dense
shrubs spaced not more than five (5) feet apart, which is required under
the terms and provisions of this Ordinance.
3.
Building Setback Line -- A line parallel to the front property line
'
behind which a structure shall be erected.
4.
Dedication -- A gift, by the owner, or a right to use the land for a
specified purpose or purposes. Because a transfer of property rights
is entailed, dedication must be made by written instrument, and is
completed with an acceptance from the Board of Aldermen of the Town of
Atkinson.
'
5.
Easement -- A grant by the property owner of a strip of land for a
specified purpose and use by public, a corporation, or persons.
'
6.
Lot -- A portion of subdivision, or any other parcel of land, intended as
a unit for transfer of ownership or for development or both.
7.
Lot of Record -- A lot which is part of a subdivision, a plat of which has
been recorded in the Office of Register of Deeds of Pender County prior
to the adoption of Ordinance, or a lot described by metes and bounds, the
description of which has been so recorded prior to the adoption of this
Ordinance.
S.
Lot Types
'
a. Corner Lots -- A lot located at the intersection of two or more
streets. A lot abutting on a curved street or streets shall be
considered a corner lot if straight lines drawn from the foremost
points of the side lot lines to the foremost point of the lot meet
at an interior angle of less than 135 degrees.
b. Interior Lot -- A lot other than a corner lot with only one frontage
on a street.
c. Through Lot or a "Double Frontage Lot" -- A lot other than a corner
lot with frontage on more than one street. Through abutting two
streets may be referred to as double frontage lots.
'
d. Reversed Frontage Lot -- A lot on which the frontage is at right
angles or approximately right angles (interior angle less than 135
degrees) to the general pattern in the area. A reversed frontage
'
lot may also be a corner lot, an interior lot or a through lot.
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' 9. Official maps or plans -- Any map or plans officially adopted by the
Board of Aldermen of the Toi4n of Atkinson as a guide to the physical
development of the Town of Atkinson.
' 10. Open Space — An area (land and/or water) generally lacking in manmade
structures and reserved for enjoyment in its unaltered state.
11. Plan -- Any documented and approved program of recommended action, policy,
intention, etc., which sets forth goals and objectives along with criteria,
standards and implementing procedures necessary for effectively guiding
and controlling decisions relative to facilitating development and
growth management.
12. Planning Board -- The Planning Board of the Town of Atkinson.
13. Plat -- a map or plan of a parcel of land which is to be, or has been
subdivided.
14. Private Driveway -- A roadway serving two (2) or fewer lots, building sites
or other division of land and not intended to be public ingress or egress.
15. Private Street -- An undedicated private right-of-way which affords
access to abutting properties and requires a subdivision streets disclosure
statement•in accordance with N.C.G.S. 136-102.6.
16. Public Street -- A public right-of-way which affords access to abutting
properties and when such rights -of -way are designated as public, it shall
be presumed to be an offer of dedication to the public. All public
streets shall be designed and constructed so as to meet minimum right-of-
way and construction standards for acceptance into the State Secondary
Roads System in accordance with N.C.G.S. 136-102.6 (c). The following
classification shall apply:
a.Cul-de-sac -- A short street having but one end open to traffic and
the other end being perminently terminated and a vehicular turn-
around provided.
17. Public Sewage Disposal System — A system serving two (2) or more dwelling
units and approved by the Pender County Health Department or the North
Carolina Department of Natural and Economic Resources, Division of
Environmental Management.
18. Public Water Supply -- Any water supply furnishing potable water to ten
or more residences or businesses, or combination -of residences or businesses.
Approval by the Sanitary Engineering Division, State Board of Health,
Department of Humad Resources is required.
19. Recreation Area or Park -- An area of land or combination of land and water
resources that is developed for active and/or passive recreation pursuits
with various manmade features -that accommodate such activities.
17

20. Roservntion -- A reservation of land does not involve any transfer of
property rights. •It simply constitutes an obligation to keep property
free from development.
21. Single —Tier Lot -- A lot which backs upon a limited access highway, a
railroad, a physical barrier, or another type of land use and to which
access from the rear is usually prohibited.
22. Subdivider — Any person, firm, or corporation who subdivides or. develops
any land deemed to be a subdivision as herein defined.
23. Town Board of Aldermen — The Board of Aldermen of the Town of Atkinson,
North Carolina.
3. WORD INTERPRETATION
For the purpose of this. Ordinance, certain words shall be interpreted
as follows:
Words used in the present tense include the future tense.
Words used in the singlular number include the plural, and words used
in the plural number include the singular, unless the natural construction
of the wording indicates otherwise.
The word "structure" shall include the word "building."
The word "used for" shall include the meaning "designed for."
The word "lot" shall include the words "plot," "parcel," and/or "tract."
The word "shall" is always mandatory and not merely directory.
The word "person" includes a firm, association, corporation, trust or
company, as well as an individual.
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