WSCO_ROWA_SD Ordinance with SCM Amendments_20190520

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Chapter 22: SUBDIVISION REGULATIONS
Article I. In General
Sec.22-1. Title.
Sec.22-2. Purpose.
Sec.22-3. Authority.
Sec.22-4. Jurisdiction.
Sec. 22-5. Compliance with ordinances, plans and maps.
Sec. 22-6. "Subdivision" Defined.
Sec. 22-7. "Minor subdivision" defined.
Sec. 22-8. "Major subdivision" defined.
Sec. 22-9. "Family subdivision" defined.
Sec. 22-10. Other definitions.
Sec. 22-11. Word interpretation.
Secs 22-12--22-25. Reserved.
Article II. Administration
Sec. 22-26. General procedures for plat approval.
Sec. 22-27. Statement of owner.
Sec. 22-28. Issuance of building permits on subdivision lots.
Sec. 22-29. Administration and enforcement.
Sec. 22-30. Exceptions to the subdivision ordinance certification.
Sec. 22-31. Vested Rights.
Secs.22-32--22-50. Reserved.
Article III. Procedure For Review And Approval Of Subdivision Plats
Sec. 22-51. Plat shall be required on any subdivision of land.
Sec. 22-52. Approval prerequisite to plat recordation.
Sec. 22-53. Appeals and variances.
Sec. 22-54. Waivers; family subdivisions.
Sec. 22-55. Optional sketch plan.
Sec. 22-56. M2jGr ihrJiViciGR; PF@Iiminor i preliminary Plat and Stormwater Control Measure
S( CM) submission and review.
Sec. 22-57. Final subdivision requirements.
Sec. 22-58. Planned development subdivision (PDS).
Sec. 22-59. Certifications and notations required on plats.
Sec. 22-60. Phased development for major subdivisions.
Sec. 22-61. Required information for preliminary and final plats.
Sec. 22-62. Recombination of land.
Sec. 22-63. Resubdivision procedure.
Secs.22-64--22-75. Reserved.
Article IV. Required Improvements, Dedications, Reservations, Minimum Standards Of Design
Sec.22-76. General.
Sec. 22-77. Suitability of land.
Sec. 22-78. Name and street duplication.
Sec. 22-79. Subdivision design.
Sec. 22-80. Road standards.
Secs.22-81--22-100. Reserved.
Article V. Utilities
Sec. 22-101. Utility ownership and easement rights.
Sec. 22-102. Subdivisions serviced by or having the potential to be serviced by public water or
sewer systems.
Sec. 22-103. Sewage disposal facilities required.
Sec. 22-104. Determining compliance with section 22-103.
Sec. 22-105. Water supply system required.
Sec. 22-106. Determining compliance with section 22-105.
Sec. 22-107. Electrical, telephone, cable television and other utilities.
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Sec.
22-108.
Utilities to be consistent with internal and external development.
Sec.
22-109.
Stermwater draiRage c%mr Stormwater: Drainage Systems, Control Measures
and Maintenance Plans
Sec.
22-110.
Other requirements.
Sec.
22-111.
Water point sources.
Secs.
22-112.
Stormwater Control Measures: Operation, Maintenance and Inspections
Secs.22-113--22-125.
Reserved.
Article VI.
Schedule Of Fees
Sec.
22-126.
Fee schedule.
Secs.22-127--22-150.
Reserved.
Article VII.
Legal Provisions
Sec.
22-151.
Penalties for violation.
Sec.
22-152.
Civil penalties.
Sec.22-153.
Separability.
Sec.22-154.
Amendments.
Sec.
22-155.
Abrogation.
17 ARTICLE I. IN GENERAL
18 Section 22-1. Title.
19 This ordinance shall be known and may be cited as the "Subdivision Ordinance of Rowan
20 County, North Carolina", and may be referred to as the "Subdivision Regulations".
21 Section 22-2. Purpose.
22 The purpose of this ordinance is to establish procedures and standards for the development
23 and subdivision of land within the territorial jurisdiction of the County of Rowan, North Carolina. It
24 is further designed to provide for the orderly growth and development of the County; for the
25 coordination of streets and highways within proposed subdivision with existing or planned streets
26 and highways and with other public facilities; for the dedication or reservation of recreation areas
27 serving residents of the immediate neighborhood within the subdivision and of rights -of -way or
28 easements for street and utility purposes; and for the distribution of population and traffic in a
29 manner that will avoid congestion and overcrowding and will create conditions essential to public
30 health, safety, and the general welfare. This ordinance is designed to further facilitate adequate
31 provisions of water, sewerage, parks, open space, schools, and playgrounds, and also to facilitate
32 the further resubdivision of larger tracts into smaller parcels of land.
33 Section 22-3. Authority.
34 This ordinance is hereby adopted under the authority and provisions of the General Statutes of
35 North Carolina, Chapter 153A, Article 18, Part 2.
36 Section 22-4. Jurisdiction.
37 The regulations contained herein, as provided in G.S. 153A, Article 18 shall govern every
38 subdivision within Rowan County outside of the jurisdiction of any incorporated municipality and
39 any municipal extraterritorial planning jurisdiction established under G.S. 160A-360.
40 Section 22-5. Compliance With Ordinances, Plans and Maps.
41 All proposed subdivisions shall comply with the standards and requirements of any officially
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1 adopted ordinances, plans or maps of the Rowan County Board of Commissioners. School sites
2 may be reserved as provided in G.S. 153A-331.
3 Section 22-6. "Subdivision" Defined.
4 For the purpose of this ordinance, "Subdivision" means all division of a tract or parcel of land
5 into two (2) or more lots, building sites, or other divisions when any one (1) or more of those
6 divisions are created for the purpose of sale or building development (whether immediate or future)
7 and shall include all divisions of land involving the dedication of a new street or a change in
8 existing streets; but the following shall not be included within this definition nor be subject to any
9 regulations enacted pursuant to this ordinance.
10 (a) The combination or recombination of portions of previously subdivided and recorded lots
11 where the total number of lots is not increased and the resultant lots are equal to or exceed
12 the standards of Rowan County as shown in this ordinance.
13 (b) The division of land into parcels greater than ten (10) acres where no street or private or
14 public street right-of-way dedication is involved.
15 (c) The public acquisition by purchase of strips of land for the widening or opening of streets.
16 (d) The division of a tract in single ownership whose entire area is not greater than two (2)
17 acres into not more than three (3) lots, where no street right-of-way dedication is involved
18 and where the resultant lots are equal to or exceed the standards of Rowan County as
19 shown in this ordinance.
20 (e) The division of a tract into plots or lots used as a cemetery.
21 (f) Land divided by a will or the courts for the purpose of dividing up a deceased persons
22 property.
23 (Amend. of 2-20-06(2))
24 Section 22-7. "Minor Subdivision" Defined.
25 A minor subdivision is defined as a subdivision where:
26 (a) No new roads are proposed, or road rights -of -way dedicated, and
27 (b) Where eight (8) or fewer lots will result after the subdivision is completed.
28 Section 22-8. "Major Subdivision" Defined.
29 A major subdivision is defined as a subdivision where:
30 (a) New roads are proposed or rights -of -way are dedicated, or
31 (b) More than eight (8) lots are created after the subdivision is completed.
32 (c) For purposes of compliance with section 22-111, Water Point Sources, a major subdivision
33 shall be considered as a proposal creating fourteen (14) or more lots.
34 (Amend. of 7-16-07(2))
35 Section 22-9. "Family Subdivision" Defined.
36 (a) Purpose. Minimum access standards for new lots are one of several primary objectives of
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1 this ordinance. To achieve this, all lots subdivided after the effective date of this ordinance are
2 required to have frontage on either an existing or proposed road meeting the right of way and
3 construction standards established by NCDOT. However, Rowan County recognizes a residential
4 lot created for conveyance to an immediate family member, where access is provided by a private
5 road, is a reasonable alternative to requiring the construction of a new public road.
6 (b) Intent. Family subdivision lots are typically conveyed as gift deeds or for nominal
7 consideration in circumstances where the existing parcel does not contain the required road
8 frontage to qualify as a minor subdivision and would otherwise be required to construct a new
9 public road for access. The standards set forth in this ordinance for family subdivisions are
10 designed to promote:
11 a. The transfer of ownership of the newly subdivided lots to immediate family members;
12 b. Compliance with all other applicable ordinance standards related to dimensional and design
13 criteria; and
14 c. Recognition that necessary maintenance associated with private roads is coordinated
15 among family members.
16 (c) Definition. A family subdivision is defined as a subdivision of not more than three (3) lots
17 plus the residual lot conveyed by the property owner to members of his / her immediate family as
18 defined in this ordinance. A family member may only receive one (1) lot under this provision.
19 (Ord. of 2-1-99(2); Amend. of 11-2-09; Amend. of 9.06.16)
20 Section 22-10. Other Definitions.
21 For the purpose of this ordinance, certain words or terms used herein shall be defined as
22 follows:
23 Block. A piece of land bounded on one or more sides by streets or roads.
24 Board of Commissioners. County Board of Commissioners of Rowan County, North Carolina.
25 Building Setback Line --Front. A line establishing minimum allowable distance between the wall of
26 the principal building and the street or road right-of-way line when measured perpendicularly from
27 the right-of-way. Covered porches, decks, uncovered porches or landings, etc., but not including
28 steps whether covered or not, shall be considered as part of the principal building and shall not
29 project into the required yard.
30 Building Setback Line --Side or Rear. A line establishing minimum allowable distance between the
31 wall of the principal building and the side or rear property lines. Covered porches, decks,
32 uncovered porches or landings, etc., but not including steps whether covered or not, shall be
33 considered as part of the principal building and shall not project into the required yard.
34 Cluster Subdivision. A subdivision of land that the subdivider requests and is approved to
35 subdivide an original tract into lots smaller than those specified in this ordinance, provided that the
36 land saved is reserved for permanent common use, usually in the form of open space.
37 Curb Outlet System means curb and putter with breaks or other outlets used to convey
38 stormwater runoff to vegetated conveyances or other vegetated areas.
39 County Manager. County Manager of Rowan County, North Carolina.
40 Crosswalk. A specially paved or marked path for pedestrians crossing a road.
41 Dedication. A gift, by the owner or a right to the use of land for a specified purpose or purposes.
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1 Because a transfer of property rights is entailed, dedication must be by written instrument.
2 Developer. Any person, firm, trust, partnership, association or corporation, engaged in
3 development or proposed development activities.
4 Development. Any land disturbing activity that adds to or changes the amount of
5 impervious or partially impervious cover on a land area, or which otherwise decreases the
6 infiltration of precipitation into the soil.
7 Dry Hydrant. An arrangement of pipe permanently connected to a water point source other than a
8 piped, pressurized water supply system, that provides a ready means of water supply for
9 firefighting purposes and that utilizes the drafting (suction) capability of fire department pumpers.
10 Easements. A grant by the property owner to the public, a corporation, or persons, of the right to
11 use a specified portion of a tract or tracts of land for a specified purpose.
12
13 "Existing" impervious development Consists of any structure(s) or operational area(s)
14 that has either been:
15 1. In existence and continuous operation prior to the effective date of the Rowan
16 County Water Supply Watershed Ordinance on January 1, 1994 (since codified in
17 the RCZO); or,
18 2. Lawfully permitted prior to the effective date (February 16, 1998) of the Rowan
19 County Zoning Ordinance; or,
20 3. Lawfully permitted in accordance with the standards of the Rowan County Zoning
21 Ordinance prior to the effective date of the High Density amendments contained in
22 Section 21-33(f) of the RCZO.
23 Family, Immediate means an individual's grandparents, step -grandparents, parents, step-
24 parents, sibling (full, half, or step), children, step -children, grandchildren, and step -grandchildren,
25 whether natural or legal.
26 Flood Insurance Rate Map (FIRM). An official map of a community, issued by the Federal
27 Emergency Management Agency, on which both the Special Flood Hazard Areas and the risk
28 premium zones applicable to the community are delineated.
29 Flood Insurance Study (FIS). An examination, evaluation, and determination of flood hazards,
30 corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood
31 data in a community issued by the Federal Emergency Management Agency. The Flood
32 Insurance Study report includes Flood Insurance Rate Maps (FIRMs) and Flood Boundary and
33 Floodway Maps (FBFMs), if published.
34 Fire Marshal. Fire Division Manager of the Rowan County Department of Emergency Services or
35 his designee.
36 Improvements. Refers to all infrastructure or amenities required by this ordinance including, but
37 not limited to, all aspects of road construction, sidewalks, water lines, sewer lines, drainage and
38 stormwater facilities, utility lines, water point sources and other related matters associated with the
39 development of undeveloped land into building sites.
40 Insurance Services Office (ISO). ISO is an independent organization that serves insurance
41 companies, fire departments, insurance regulators and others by providing information about
42 property and liability risk. ISO's statistical, actuarial, and underwriting information is a resource
43 used by insurers, government regulators, other companies and organizations and the use of their
44 standardized policy language is the foundation on which many insurers build their coverage
45 programs.
46 Lot. A portion of a tract of land to be subdivided for the purposes of transfer of ownership or
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1 development or both.
2 Lot of Record. A lot which is part of a subdivision, a plat of which has been recorded in office of
3 the Register of Deeds of Rowan County, or a lot described by metes and bounds, the description
4 of which has been so recorded prior to the adoption of this ordinance.
5 Lot Types:
6 Corner Lot. A lot located at the intersection of two (2) or more roads. A lot abutting on a
7 curved road or roads shall be considered a corner lot if straight lines drawn from the foremost
8 point of the lot meet at an interior angle of less than one hundred thirty (130) degrees.
9 Double Frontage Lot. (i.e., through lot) Any lot having access by water and street right-of-way
10 or by having access on two (2) street right-of-ways. This does not include corner lots.
11 Interior Lot. A lot other than a corner lot with only one (1) frontage on a street.
12 Panhandle Lot. A lot other than one having access on a cul-de-sac, which contains a narrow
13 strip providing street access.
14 Reverse Frontage Lot. A through lot which is not accessible from one (1) of the parallel or
15 nonintersecting street upon which it fronts.
16 Single -tier Lot. A lot which backs upon a limited access highway, a railroad, a physical
17 barrier, or another type of land use and to which access from the rear is usually prohibited.
18 Through Lot. See Double Frontage Lot.
19 Utility lot. A lot that serves unmanned utility facilities such as pump / lift stations, wireless
20 facilities and support structure and septic tank drain fields. A utility lot is not to be used as
21 parking, vehicle storage or accommodation for residential or commercial structures.
22 Minimum Design Criteria or "MDC" means the requirements set forth in this Chapter for
23 siting, site preparation, design and construction, and post -construction monitoring and
24 evaluation necessary for Rowan County or NC Department of Environmental Quality to
25 issue stormwater permits that comply with State water quality standards adopted pursuant
26 to G.S. 143-214.1.
27 Mobile Water Supply Apparatus. A vehicle designed primarily for transporting (pickup,
28 transporting, and delivering) water to fire emergency scenes to be applied by other vehicles or
29 pumping equipment.
30 Multi -connection. Any water supply furnishing potable water to two (2) to fourteen (14)
31 connections of residences or businesses, or any combination thereof, from one (1) well that is not
32 owned and operated by a public entity.
33 Municipal Type Water System. A system having water pumps serving hydrants and designed to
34 furnish, over and above domestic consumption, a minimum flow of 250 gpm (946L/min) at 20psi
35 (139 kPa) residual pressure for a 2-hour duration
36 National Fire Protection Association (NFPA). Established in 1896, the NFPA serves as the
37 world's leading advocate of fire prevention and is an authoritative source on public safety. NFPA's
38 mission is to reduce the worldwide burden of fire and other hazards on the quality of life by
39 providing and advocating consensus codes and standards, research, training, and education.
40 NFPA has developed three hundred (300) codes and standards that influence every building,
41 process, service, design, and installation in the United States, as well as many of those used in
42 other countries.
43 NFPA 22 Standards for Water Tanks for Private Fire Protection. This standard provides the
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1 minimum requirements for the design, construction, installation, and maintenance of tanks and
2 accessory equipment that supply water for private fire protection, including the following: (1)
3 Gravity tanks, suction tanks, pressure tanks, and embankment -supported coated fabric suction
4 tanks; (2) Towers; (3) Foundations; (4) Pipe connections and fittings; (5) Valve enclosures; (6)
5 Tank filling; (7) Protection against freezing; version 2007 or latest amendment thereof.
6 NFPA 1142 Standard on Water Supplies for Suburban and Rural Fire Fighting. This standard
7 identifies a method of determining the minimum requirements for alternative water supplies for
8 structural firefighting purposes in areas where the authority having jurisdiction determines that
9 adequate and reliable water supply systems for firefighting purposes do not otherwise exist;
10 version 2007 or latest amendment thereof.
11 Observed right-of-way. The area recognized in the Cabarrus-Rowan Metropolitan Planning
12 Organization (CRMPO) 2002-2030 Long Range Transportation Plan and referenced in Appendix A
13 that may be utilized for future transportation improvements.
14 Official Maps or Plans. Any maps or plans officially adopted by the Board of Commissioners of
15 Rowan County.
16 Open Space. An area of land and/or water generally lacking in manmade structures and reserved
17 for enjoyment in its unaltered state.
18 Operational area means the dedicated or utilized area necessary for a business function
19 and is characterized by, but not limited to, buildings or warehouses, storage areas or
20 stockpiles, parking and loading areas, sediment ponds and detention areas, etc.
21 Operation and Maintenance Agreement. An agreement between a developer or owning
22 entity of a stormwater control measure (SCM) and either Rowan County or NC DEQ
23 depending on permitting authority. The agreement requires the developer or owning entity
24 to maintain, repair, or reconstruct the SCMs in accordance with the approved design plans
25 and the Operation and Maintenance Plan. The agreement shall be recorded with the Rowan
26 County Register of Deeds so as to appear in the chain of title for all subsequent purchasers.
27 Operation and Maintenance Plan. Document specifying all operation and maintenance
28 work necessary for the function of all stormwater control measure (SCM) components,
29 including the stormwater conveyance system, perimeter of the device, inlet(s), pretreatment
30 measures, main treatment area, outlet, vegetation, and discharge point. The operation and
31 maintenance plan shall specify methods to be used to maintain or restore the SCMs to
32 design specifications in the event of failure.
33 Owning Entity. Any person, firm, trust, partnership, association or corporation, having
34 ownership or controlling interest in development or improvements regulated by this
35 Chapter or Chapter 21 of the Rowan County Code of Ordinances (Rowan County Zoning
36 Ordinance).
37 Package Treatment Plant. A self-contained sewage treatment facility built to serve the
38 subdivision.
39 Plan, site specific development means a plan meeting the requirements of G.S. 153A-344.1, as
40 amended, for approval of a vesting right under that statute.
41 Planning Board. County Planning Board of Rowan County, North Carolina.
42 Planning Department. The Planning Division of the Rowan County Planning and Development
43 Department.
44 Planned Unit Developments (PUD). An area planned as a single entity containing one (1) or
45 more residential, commercial or mixed use clusters that is subdivided into lots that do not meet the
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1 requirements of this ordinance. In a PUD the subdivider request an increase in density of property
2 development for additional project amenities and relaxed public improvement standards in return
3 for better subdivision design or for more affordable housing opportunities.
4 Plat. A map or plan of a parcel of land which is to be or has been subdivided showing such
5 subdivision.
6 Primary SCM means a wet pond, stormwater wetland, infiltration system, sand filter,
7 bioretention cell, permeable pavement, green roof, rainwater harvesting, or an approved
8 new stormwater technology that is designed, constructed and maintained in accordance
9 with the MDC.
10 Private Road. A dedicated right-of-way or ingress and egress easement to the public, forty-five
11 (45) feet or greater in width containing a roadway which provides or is used primarily for vehicular
12 circulation and is available for use by the general public or by residents of the development but is
13 not maintained by NCDOT or any municipality in Rowan County.
14 Private Individual Sewage Disposal System. A sewage disposal system serving one (1)
15 connection which is usually owned and controlled by a private single entity.
16 Private Individual Water Supply System. A water supply system having one (1) service
17 connection whose water supply comes from a single source, usually limited to a well or spring.
18 Public Road. A dedicated road right-of-way meeting all minimum construction standards of
19 NCDOT or is maintained by the NCDOT Road Maintenance Program and available for use by the
20 general public.
21 Public or Private Sewer System. A means of collecting, transporting and treatment of sewage by
22 a public entity (e.g., city, town, county, sewer district), or other public body created, pursuant to
23 State, Federal and local laws, or any combination thereof acting cooperatively or jointly, or a
24 privately owned state licensed sewer system, for profit or non-profit firm or corporation. A package
25 treatment plant shall be considered part of a public sewer system if owned by a City, Town,
26 County, Sewer District, etc., otherwise shall be considered as a private sewer system.
27 Public or Private Water System. The provision to the public of piped water by a system with
28 fifteen (15) or more connections or twenty-five (25) or more year round residents owned and
29 operated by a municipality, county or other public entity or a privately owned licensed water supply,
30 for profit or non-profit firm or corporation. This includes the term "community water supply system."
31 Public Protection Classification (PPC) Program. Developed and implemented by ISO, this
32 program helps insurance companies measure and evaluate the effectiveness of fire -mitigation
33 services throughout the country. The program rates a fire department on a scale of 1- 10, with one
34 (1) being the best and ten (10) not meeting the minimum criteria for rating. To determine the fire
35 department's class rating ISO evaluators utilize the manual called the Fire Suppression Rating
36 Schedule.
37 Recreation Area or Park. An area of land or combination of land and water resources that is
38 developed for active and/or passive recreation pursuits with various manmade features that
39 accommodates such activities.
40 Required storm depth means the minimum amount of rainfall that shall be used to
41 calculate the required treatment volume or to evaluate whether a project has achieved
42 runoff volume match.
43 Right-of-way. The base setback line that is the greater of either the line dividing the public right-
44 of -way currently or a line thirty (30) feet measured in a perpendicular distance and parallel to the
45 centerline of the street pavement, superseded by the observed right-of-way or the area recognized
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1 in the Cabarrus-Rowan Metropolitan (CRMPO) 2002-2030 Long Range Transportation Plan and
2 referenced in Appendix A that may be utilized for future transportation improvements.
3 Road. A dedicated public right-of-way for vehicular traffic (or a private road when permitted by
4 this ordinance). The word "road" includes, but is not limited to, "street, freeway, highway,
5 expressway, drive, avenue, court, way, place, circle, lane, boulevard, and thoroughfare."
6 Classifications of Roads:
7
8 Local road. A local road serves primarily to provide access to adjacent land and for travel over
9 relatively short distance.
10 Major collector. A road which serves major intracounty travel corridors and traffic generators
11 and provides access to the arterial system.
12 Major thoroughfares. Major thoroughfares consist of interstate, other freeway, expressway, or
13 parkway roads, and major streets that provide for the expeditious movement of high volumes of
14 traffic within and through urban areas.
15 Minor arterial. A rural roadway joining cities and larger towns and providing intrastate and
16 inner -county service at relatively high overall travel speeds with minimum interference to
17 through movement.
18 Minor collector. A road which serves small local communities and links locally important traffic
19 generators with their rural hinterland.
20 Minor thoroughfares. Minor thoroughfares perform the function of collecting traffic from local
21 access streets and carrying it to the major thoroughfare system. Minor thoroughfares may be
22 used to supplement the major thoroughfare system by facilitating minor through -traffic
23 movements and may also serve abutting property.
24 Principal arterial. A rural link in a highway system serving travel, and having characteristics
25 indicative of, substantial statewide or interstate travel and existing solely to serve traffic. This
26 highway system would consist of interstate routes and other routes designed as principal
27 arterials.
28 Service road. A road that runs parallel to a principal arterial or interstate and provides indirect
29 access to and from properties or facilities abutting the interstate principle arterial via an
30 interchange.
31 Specific Type Roads:
32 Alley. A strip of land, owned publicly or privately, set aside primarily for vehicular service
33 access to the back or side of properties otherwise abutting on a street.
34 Cul-de-sac. A short street having but one end open to traffic and the other end being
35 permanently terminated and a vehicular turnaround provided.
36 Freeways, Expressway or Parkway. Divided multilane roadways designed to carry large
37 volumes of traffic at relatively high speeds. A freeway is a divided highway providing for
38 continuous flow of vehicles with no direct access to abutting property or streets and with access
39 to selected crossroads provided via connecting ramps. An expressway is a divided highway with
40 full or partial control of access and with grade separations at major intersection. A parkway is a
41 highway for noncommercial traffic, with full or partial control of access, and usually located
42 within a park or a ribbon of park development.
43 Frontage Road. A local street or road that is parallel to a full or partial access controlled facility
44 and functions to provide access to adjacent land.
45 Local Residential Road. Cul-de-sacs, loop streets less than two thousand five hundred (2,500)
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1 feet in length, or streets less than one (1) mile in length that do not connect thoroughfares, or
2 serve major traffic generators, and do not collect traffic for more than one hundred (100)
3 dwellings units.
4 Residential Collector Road. A local access street which serves as a connector street between
5 local residential streets and the thoroughfare system. Residential collector streets typically
6 collect traffic from one hundred (100) to four hundred (400) dwelling units.
7 Road mile. Linear distance of vehicular travel as measured along a road from any given location
8 to another location
9 Rowan Countv Zonina Ordinance or "RCZO" means the ordinance and maps adopted b
10 the Rowan County Board of Commissioners on January 19, 1998; effective February 16,
11 1998 and any amendments thereto that have established planning and zoning requirements
12 and procedures for zoning in the unincorporated areas of Rowan County outside the zoning
13 iurisdiction of municipalities.
14 Runoff treatment means that the volume of stormwater runoff generated from all of the
15 built -upon area of a project at build -out during a storm of the required storm depth is
16 treated in one or more primary SCMs or a combination of Primary and Secondary SCMs that
17 provides equal or better treatment.
18 Runoff volume match means that the annual runoff volume after development shall not be
19 more than ten percent higher than the annual runoff volume before development.
20 Sanitary Sewage System. A complete system of sewage collection, treatment and disposal
21 including privies, septic tank systems, connection to public or community sewage system, sewage
22 reuse or recycle systems, mechanical or biological treatment system, or other such systems.
23 Secondary SCM means an SCM that does not achieve the annual reduction of Total
24 Suspended Solids (TSS) of a "Primary SCM" but may be used in a treatment train with a
25 primary SCM or other Secondary SCMs to provide pre-treatment, hydraulic benefits, or a
26 portion of the required TSS removal.
27 Sewage. The waste water and its contents from kitchen, bathroom, toilet, lavatory and laundry of
28 any residence, business establishment, industrial plant, institution, or any public building.
29 Stormwater Control Measure or "SCM," also known as "Best Management Practice" or
30 "BMP," means a permanent structural device that is designed, constructed, and maintained
31 to remove pollutants from stormwater runoff by promoting settling or filtration; or to mimic
32 the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post -filtration
33 discharge, reuse of stormwater, or a combination thereof.
34 Special Flood Hazard Area (SFHA). The land in the floodplain subject to a one percent (1 %) or
35 greater chance of being flooded in any given year, as determined in Section 9-7 of the Flood
36 Damage Prevention Ordinance.
37 Subdivider. Any person, firm or corporation who subdivides or develops any land judged to be a
38 subdivision as herein defined.
39 Subdivision. See section 22-6 of this ordinance.
40 Subdivision, Major. See section 22-8 of this ordinance.
41 Subdivision, Minor. See section 22-7 of this ordinance.
42 Subdivision Review Committee. An advisory committee to the Rowan County Board of
43 Commissioners to review all major subdivision preliminary and final plats and to make
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1 recommendations to the Subdivision Administrator for the Board of Commissioners to approve,
2 approve with conditions or disapprove. The committee shall consist of one (1) or more
3 representatives from the following agencies or officials:
4 1. Rowan County Health Department.
5 2. Rowan County Environmental Management, Soil Sedimentation Control Staff.
6 3. Rowan County Planning Department.
7 4. N.C. Department of Transportation, Division 9, District 1, office.
8 5. Rowan County Emergency Services, Fire Division.
9 Suction Points. Any given point or location on a water point source at which fire department
10 pumping apparatus is able to acquire, through drafting operations, water from that source for use in
11 suppressing a fire. This term may also include generic terms such as dry hydrant, float dock, etc.
12 Tract. A piece of property upon which a subdivision is proposed.
13 Vegetated conveyance means a permanent, designed waterway lined with vegetation that
14 is used to convey stormwater runoff at a non -erosive velocity within or away from a
15 develoaed area.
16 Veaetated setback means an area of natural or established veaetation adiacent to surface
17 waters. throuah which stormwater runoff flows in a diffuse manner to Drotect surface
18 waters from degradation due to development activities.
19 Water Point Source (WPS). An adequate and reliable water delivery system used for fire
20 protection that is available three hundred sixty-five (365) days a year and has the ability to provide
21 two hundred fifty (250) gallons per minute (gpm) for a two-hour duration. For purposes of this
22 definition, a wps may include but not be limited to facilities such as a pond, cistern, underground or
23 aboveground storage tanks, etc.
24 (Amend. of 7-16-07(2); Amend. of 6-16-08; Amend. of 11-2-09; Amend. of 4-21-14; Amend. of 9-
25 6-16; Amend. of 2-6-17)
26 Section 22-11. Word Interpretation.
27 For the purpose of this chapter, certain words shall be interpreted as follows:
28 The word "used for" shall include the meaning "designed for."
29 The word "structure" shall include the word "building."
30 The word "lot" shall include the words "plot," "parcel," or "tract."
31 All words not specifically defined in this ordinance shall be assigned their customary dictionary
32 definitions.
33 Secs 22-12-22-25. Reserved.
34 ARTICLE II. ADMINISTRATION
35 Section 22-26. General Procedures For Plat Approval.
36 After the effective date of this ordinance, no subdivision plat of land within the County's
37 jurisdiction shall be filed or recorded unless it meets the requirements of sections 22-51 and 22-52.
38 Section 22-27. Statement of Owner.
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1 The owner of land shown on a subdivision plat submitted for recording, or his authorized power
2 of attorney, shall sign a statement on the plat stating whether or not any land shown thereon is
3 within the subdivision -regulation jurisdiction of Rowan County or any municipality's jurisdiction
4 within Rowan County.
Section 22-28. Issuance of Building Permits on Subdivision Lots.
6 No building permit shall be issued for the erection of any building on any lot within a proposed
7 subdivision until a final plat of said subdivision is recorded at the Rowan County Register of Deeds
8 office.
9 Section 22-29. Administration and Enforcement.
10 This ordinance shall be administered and enforced by the Subdivision Administrator who shall
11 be assigned by the County Manager of Rowan County. Duties may be assigned by the
12 administrator to other county personnel to conduct inspections and other duties of administration.
13 Section 22-30. Exceptions to the Subdivision Ordinance Certification.
14 When requested by the Rowan County Register of Deeds, the Subdivision Administrator may
15 certify that a subdivision intended to be recorded is an exception to the Subdivision Ordinance as
16 described in section 22-6, "Subdivision" Defined. Certification of a subdivision exception shall
17 appear on all copies of the subdivision plat for recordation as follows:
19 1 hereby certify that this subdivision plat for recordation is an exception to the Subdivision
20 Ordinance of Rowan County, North Carolina as defined in section 22-6.
21
Date Subdivision Administrator
Rowan County, North Carolina
22
23 Section 22-31. Vested Rights.
24 Pursuant to G.S. 153A-344.1, a vested right to undertake and complete the development and use
25 of property under the documented terms, any associated conditions, and approved site plan(s)
26 may be established subject to chapter 21 section 11 of the Zoning Ordinance.
27 (Amend.4-21-14)
28
29 I Secs 22-32. Retention of Consultant.
30 Rowan Countv may elect to retain a consultant or professional services to review and
31 provide a determination(s) or recommendation(s) as to whether any proposed subdivision
32 improvement(s) complies with the standards of this ordinance and applicable state and
33 federal rules and regulations. The subdivider, developer or applicant shall pay any expense
34 for consulting or professional services in excess of the application fee. Rowan County
35 shall require any consultant(s) to disclose any potential conflicts of interest and to hold
36 confidential any proprietary information supplied by the applicant.
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Secs 22-33-22-50. Reserved
2 ARTICLE III. PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION PLATS
3 Section 22-51. Plat Shall Be Required On Any Subdivision of Land.
4 Pursuant to G.S. 153A-332, a final plat shall be prepared, approved, and recorded pursuant to
5 the provisions of this ordinance whenever any subdivision of land takes place, except as herein
6 provided.
7 Section 22-52. Approval Prerequisite to Plat Recordation.
8 Pursuant to G.S. 153A-332, no final plat of a subdivision within the jurisdiction of the County of
9 Rowan as established in section 22-4 of this ordinance shall be recorded by the Register of Deeds
10 of Rowan County until it has been approved by the Subdivision Administrator or Board of
11 Commissioners as provided herein. This approval shall be certified by the Subdivision
12 Administrator on the final plat before recordation. To secure such approval of a final plat, the
13 subdivider shall follow the procedures established in this article.
14 Section 22-53. Appeals and Variances.
15 Any decision of the Subdivision Administrator or Subdivision Review Committee made in
16 regard to this ordinance may be appealed to the Zoning Board of Adjustment (ZBA) in accordance
17 with the provisions of Article XIII Section 21-331 of the Rowan County Zoning Ordinance. Requests
18 for variances from the requirements of this ordinance shall be heard by the Zoning Board of
19 Adjustment (ZBA) in accordance with the provisions of Article XIII Section 21-332 of the Rowan
20 County Zoning Ordinance.
21 (Ord. of 2-1-99(2); Amend. of 2-20-06(2); Amend. of 7-16-07(2))
22 Section 22-54. Waivers; Family Subdivisions.
23 The Board of Commissioners may authorize a waiver from the family subdivision requirements
24 to allow the creation of more than three (3) lots or conveyance to a family member that does not
25 meet the definition of immediate family when, in its opinion, undue hardship may result from strict
26 compliance. All other requests to deviate from the requirements herein are subject to a variance in
27 accordance with section 21-332 of the Zoning Ordinance. In granting any waiver, the Board of
28 Commissioners shall consider the nature of the proposed subdivision, the existing use of the land
29 in the vicinity, the number of persons to reside or work in the proposed subdivision and the
30 probable effect of the proposed subdivision upon traffic conditions in the vicinity. The waiver shall
31 be granted only when it has been determined that such waiver shall not be detrimental to the
32 county and the area surrounding the subdivision. (Ord. of 2-1-99(2); Amend. of 9-6-16)
33 Section 22-55. Optional Sketch Plan.
34 Prior to the submission of a preliminary or final plat, the subdivider may submit to the
35 Subdivision Administrator three (3) copies of the proposed subdivision. The sketch plan will be
36 reviewed by appropriate county staff and NCDOT representatives to insure compliance with all
37 applicable regulations. If the proposed subdivision is not in compliance the subdivider shall be
38 notified of specific areas of noncompliance by the subdivision administrator. The sketch plan
39 should contain the following information:
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1 (1) A sketch vicinity map showing the location of the subdivision in relation to neighboring
2 tracts, subdivision, roads, and waterways;
3 (2) North arrow, scale of plat, graphic scale bar and name of person who prepared the plat;
4 (3) The boundaries of the tract and the portion of the tract to be subdivided;
5 (4) The total acreage to be subdivided;
6 (5) The existing and proposed uses of the land within the subdivision and the existing uses of
7 land adjoining it;
8 (6) The proposed street layout with approximate pavement and right-of-way width, lot layout
9 including dimensions and area of each lot;
10 (7) The name, mailing address, and telephone number of the owner;
11 (8) The name of the proposed subdivision;
12 (9) Streets and lots of adjacent developed or platted properties;
13 (10) The zoning classification of the tract and of adjacent properties;
14 (11) Tax map and parcel number, recorded deed book and page number of subdivided tract.
15 (12) As applicable, location of water point source or description of method used for providing a
16 water point source.
17 (Amend. of 7-16-07(2); Amend. of 9-6-16)
18 Section 22-56. MajeF Subdivision; Preliminary Plat and Stormwater Control Measure
19 S( CM) Submission and Review.
20 (a) Submission Procedure
21 The subdivider or developer shall submit a preliminary plat application for all major
22 subdivisions or SCM plan application for all high density watershed projects which shall
23 be reviewed by the Subdivision Review Committee (hereinafter referred to as the "Committee").
24 Upon receipt of sa+4 a complete application the Subdivision Administrator shall schedule a
25 Committee meeting within fourteen (14) days. The Committee shall have authority to approve
26 the plat or plan before any construction or installation of improvements may begin. Failure to
27 submit all items required by this subsection shall constitute an incomplete application and no
28 review or approval by the Committee shall be issued. A preliminary plat application shall
29 include:
30 1. Eight (8) copies of the preliminary plat containing all items outlined in section 22-61(a)
31 submitted to the Subdivision Administrator.
32 2. Two (2) copies of a sedimentation and erosion control plan (or waiver).
33 3. Application for a resideptial driveway permit submitted to the Division 9 District 1 North
34 Carolina Department of Transportation office.
35 4. Road plans and profiles submitted to the Division 9 District 1 North Carolina Department of
36 Transportation office if applicable.
37 5. Subdivision review application and fee.
38 6. Two (2) copies of the proposed restrictive covenants for maintenance of any proposed open
39 space in compliance with the provisions of section 22-58(f) of this article.
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1 7. Certification from both the Fire Marshal and Chief of the fire department with responding
2 jurisdiction that the major subdivision proposal is proximate to an adequate and reliable
3 water point source. For projects lacking proximity to a sufficient water point source, a
4 proposed method for complying with the requirements of section 22-111 of this ordinance
5 must be provided.
6 8. For projects required to construct or provide a water point source, two (2) copies of the
7 proposed restrictive covenants for maintenance of the water point source in compliance
8 with the provisions of section 22-58 (g) of this article and 2 copies of the water usage
9 agreement contract contained in Appendix A.
10 9. If applicable, location of the all weather access road to a water point source in compliance
11 with the standards of section 22-80(g).
12 A Stormwater Control Measure (SCM) plan application shall include:
13 1. Three (3) copies of the Operation and Maintenance Agreement or Manual for the SCM
14 2. Five (5) copies of an overall site plan where the SCM(s) will be utilized that depicts all
15 applicable items outlined in Section 22-61(a) of this Chapter. The site plan shall be
16 prepared and sealed by a North Carolina registered design professional working in
17 their area of competence as prescribed by North Carolina General Statutes.
18 3. Compliance with Minimum Design Criteria established in Section 22-109(b) of this
19 Chapter.
20 (b) Review Procedure.
21 The committee shall make a one of the following decisions noted below on the preliminary
22 plat or SCM plan application ("plan") within thirty (30) days of the committee meeting at
23 which the plat or plan was discussed. If n^ r^n^mm^nrla4i^n is made disapproved by the
24 committee within this time, the subdivider or developer may refer the plat or plan to the Board
25 of Commissioners er, at the 661h�aaF GPtiGR a i m tn;1 4dm0A01tr;;tAr ;;dd0t0sA;;1 t;,;,�r
26 The Board of Commissioners shall have forty-five (45) days after referral of
27 the plat or plan to make a decision.
28 Decisions made regarding plats and plans shall be to:
29 (1) Approve the plat as submitted; or
30 (2) Approve the plat with conditions; or
31 (3) Disapprove the plat with the reasons for disapproval given.
32 If not approved,, the subdivider or developer may resubmit a revised plat or plan within
33 ninety (90) days with no additional filing fees required. The resubmitted plat or plan shall be
34 reviewed in the same manner as a new application.
35 If the preliminary plat or plan is approved by the Subdivision °rlmipic+ratp Review
36 Committee or Board of Commissioners, the approval shall be indicated +e on two (2) copies of
37 the Plat / Plan. Any conditions shall be noted on or attached to the two (2) copies required.
38 One (1) copy shall be retained by the Subdivision Administrator as part of the official record.
39 One (1) copy with any conditions noted shall be returned to the subdivider. Unless otherwise
40 specified, conditions shall be complied with by the subdivider or developer within twelve (12)
41 months of the date of conditional approval or the approval shall be voided.
42 (Ord. of 2-1-99(2); Amend. of 7-16-07(2); Amend. of 11-2-09; Amend. of 10-4-10; Amend. of 9-6-
43 16)
Page 15

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Section 22-57. Final Subdivision Requirements.
2 (a) Requirements for Final Plat. The final plat shall be prepared by a professional land surveyor
3 currently licensed and registered in the State of North Carolina by the North Carolina State
4 Board of Registration for Professional Engineers and Land Surveyors. The final plat shall
5 conform to the provisions for plat, subdivisions, and mapping requirements set forth in G.S. 47-
6 30 and the "Standard of Practice for Land Surveying in North Carolina," where applicable, and
7 the requirement of the Rowan County Register of Deeds.
8 The final plat shall be submitted to the Subdivision Administrator on either reproducible material
9 suitable for recordation at the Register of Deeds office or as an electronic document in
10 accordance with G.S. 47-30. A final plat application shall be considered complete if it contains
11 all of the information required by sections 22-57 and 22-59 and is accompanied by a
12 nonrefundable filing fee according to the fee schedule approved by the Board of
13 Commissioners.
14 The final plat shall be 18" x 24", 21" x 30", or 24" x 36" in size and shall be at a scale of not less
15 that one (1) inch equals one hundred (100) feet, unless each lot in the proposed subdivision is
16 more than three (3) acres. In such case, the scale shall not be less than one (1) inch equals
17 two hundred (200) feet. The plat may be placed on more than one (1) sheet with appropriate
18 match lines.
19 (b) Major Subdivisions; Installation and Improvements. Upon approval of the preliminary plat, the
20 Subdivider may proceed with the preparation of the final plat, and the installation of or
21 arrangement for required improvements in accordance with the approved preliminary plat and
22 the requirements of this ordinance. Before approval of a final plat, the subdivider shall have
23 installed the improvements specified in this ordinance or guaranteed their installation as
24 provided herein. The final plat shall constitute only that portion of the preliminary plat which the
25 subdivider proposes to record and develop at that time. Such portion shall conform to all
26 requirements of this ordinance and shall depict the subdivision, or portion thereof, in
27 substantially the same form and layout as that approved in the preliminary plat. Only that
28 portion of the subdivision proposed for final plat approval and recordation in the Rowan County
29 Register of Deeds office shall be shown on the final plat.
30 The subdivider shall submit the final plat to the Subdivision Administrator no later than twenty-
31 four (24) months after the approval of the preliminary plat, unless a greater time period was
32 stipulated originally in said approval. The subdivider may submit a request to the Subdivision
33 Administrator for a time extension for up to twelve (12) additional months for said approved
34 preliminary plat. Said request must be submitted to the Subdivision Administrator before the
35 original plat expiration date. No more than one (1) such extension may be granted by the
36 Subdivision Administrator. Otherwise, approval of said preliminary plat shall expire and become
37 voided.
38 The subdivider may submit a final plat for only a portion of the subdivision given preliminary
39 plat approval. Any such submission shall be accompanied by a nonrefundable fee according to
40 the fee schedule approved by the Board of Commissioners. Said submission shall extend the
41 expiration date for the remaining portion(s) or phases of the approved preliminary plat for an
42 additional twenty-four (24) months past the date of said final plat approval.
43 (c) Major Subdivisions; Performance Guarantees.
44 (1) Agreement and Security Required.
45 Instead of requiring the completion, installation and dedication of all improvements before
46 final plat approval, Rowan County may enter an agreement with the subdivider whereby the
47 subdivider shall agree to complete all required improvements within twelve (12) months,
48 with the exception of a water point source or stormwater control measure. The county
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1 may accept a performance guarantee for a water point source for the period prior to plat
2 recordation and terminating with issuance of the first certificate of occupancy for a structure.
3 Consideration of an extension(s) beyond the initial 12-month period for all improvements
4 except the water point source, may be granted by the Board of Commissioners in
5 accordance with subsection (2) below based upon a written request from the subdivider
6 indicating the need for an extension and an anticipated completion date for the
7 improvements.
9 Once said agreement is signed by both parties and the security required herein is provided,
10 the final plat may be approved by the Subdivision Administrator or Board of
11 Commissioners, if all other requirements of this ordinance are met. To secure this
12 agreement, the subdivider shall provide to the Rowan County Board of Commissioners
13 either one (1), or a combination of the guarantees listed below. All such guarantees shall be
14 subject to the approval of the Board of Commissioners and shall be made payable to
15 Rowan County.
16
17 The amount of such guarantee shall be equal to 1.25 times the cost of installing all required
18 improvements. The cost estimate shall be prepared by a North Carolina registered
19 professional engineer and include his/her original seal and signature and accompany the
20 subdivider's request for consideration under this subsection. The cost of preparing the cost
21 estimate shall be borne by the developer.
22 (a). Surety Performance Bond(s).
23 The subdivider shall obtain a performance bond(s) from a surety bonding company
24 authorized to do business in North Carolina.
25 (b). Letter of credit issued by any financial institution licensed to do business in North
26 Carolina.
27 (c). Other form of guarantee that provides equivalent security to a surety bond or letter
28 of credit. Cash and similar instruments must be deposited in escrow with the county.
29 (2) Extensions and Default.
30 If the required improvements are not complete and the current performance guarantee is
31 expiring, the performance guarantee shall be extended or a new guarantee issued for an
32 additional period until such required improvements are complete. A developer shall
33 demonstrate good faith progress toward completion of the required improvements that are
34 the subject of the performance guarantee or extension. The form of any extension shall
35 remain at the election of the developer.
36 Should the subdivider fail to complete the required improvements in a timely manner as
37 spelled out in the performance guarantee, then the surety, or the financial institution holding
38 the guarantee, shall, if requested by the Board of Commissioners, pay all or any portion of
39 the funds to Rowan County up to the amount needed to complete the improvements based
40 on the engineer's estimate. Upon payment, the Board of Commissioners, in its discretion,
41 may expend such portion of said funds as it considers necessary to complete all or any
42 portion of the required improvements. The county shall return to the appropriate institution
43 any funds not spent in completing the improvements. Should the amount of funds needed
44 to complete the installation of all required improvements exceed the amount in the bond or
45 escrow account, the subdivider shall nonetheless be responsible for providing the funds to
46 cover such cost. The subdivider shall always bear the financial burden for the installation of
47 all required improvements.
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1 (3) Release of Guarantee Security.
2 The performance guarantee shall be returned or released, as appropriate, in a timely
3 manner upon acknowledgement by the Planning and Development Department that the
4 subject improvements are complete. As an alternative, the County Manager may authorize
5 the release of a portion of the security that coincides with improvements documented as
6 complete. The developer must provide a revised performance guarantee and engineer's
7 estimate of 1.25 times the cost of installing all remaining improvements required.
8 (d) Major Subdivision; Final Plat Submission and Approval.
9 Upon receipt of a final plat application, the Subdivision Administrator shall schedule a
10 Committee meeting within fourteen (14) days. Failure to submit all items required by this
11 subsection shall constitute an incomplete application and no review or approval by the
12 Committee shall be issued. Review and approval for all major subdivision final plats shall be
13 as described for preliminary plats in section 22-56(b).
14 Final plat applications shall be submitted to the Subdivision Administrator and contain:
15 1. A final plat meeting standards outlined in section 22-57(a) and the information contained
16 in section 22-61(b) and either one (1) paper or electronic copy;
17 2. For private roads, certification from a North Carolina registered professional engineer that
18 all applicable aspects of road construction or other improvements have been completed;
19 3. For public roads, certification from the Division 9 District 1 North Carolina Department of
20 Transportation office that applicable road construction improvements have been
21 completed to their minimum construction standards;
22 4. An approved driveway permit from the Division 9 District 1 North Carolina Department of
23 Transportation office;
24 5. Any other documentation required by the Committee as a condition of preliminary plat
25 approval;
26 6. Completed review application and fee;
27 7. Two (2) copies of the finalized restrictive covenants for maintenance of any proposed
28 open space in compliance with the provisions of section 22-58(f) of this article;
29 8. As applicable, certification from both the Fire Marshal and the Chief of the fire department
30 having responding jurisdiction that a water point source has been constructed in
31 compliance with section 22-111 of this ordinance, including two (2) copies of the finalized
32 restrictive covenants for maintenance of the water point source as contained in the
33 provisions of section 22-58 (g) of this article and a signed and notarized version of the
34 water usage agreement contract contained in Appendix A;
35 9. As applicable, certification from the Chief of the fire department with responding
36 jurisdiction that the all-weather access road has been constructed in compliance with the
37 standards of section 22-80(g).
38 (e) Minor and Family Subdivision Final Plat Submission and Approval.
39 The subdivider shall submit the final plat application for the proposed minor or family
40 subdivision containing:
41 1. A final plat meeting standards outlined in section 22-57(a) and the information contained
42 in section 22-61(b) and either one (1) paper or electronic copy;
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1 2. Completed review application and review fee;
2 3. Approved driveway permit from the Division 9 District 1 North Carolina Department of
3 Transportation office when creation of a new easement for a family subdivision accesses
4 a state or publicly maintained road.
5 Upon receipt of the final plat application, the subdivision administrator shall have ten (10)
6 days to review the plat and to grant approval, approval with conditions or disapproval.
7 Failure to submit all items required by this subsection shall constitute an incomplete
8 application and no review or approval shall be issued by the Subdivision Administrator. If
9 more than ten (10) days is required for approval, the Subdivision Administrator must notify
10 the subdivider in writing advising him of the delay, the nature of the delay and an
11 approximate date as to when a decision can be forwarded. If a decision is not made within
12 thirty (30) days of submittal of the completed application, the subdivider may request
13 referral to the Board of Commissioners for a decision.
14 If the Subdivision Administrator does not approve the final plat, he shall instruct the
15 subdivider concerning resubmission of a revised plat. The subdivider may make such
16 changes as will bring the plat into compliance with the provisions of this ordinance and
17 resubmit same for reconsideration by the Subdivision Administrator, or appeal to the Board
18 of Commissioners if the subdivider is not satisfied with the decision of the Subdivision
19 Administrator. The Subdivider shall have sixty (60) days to resubmit the final plat to the
20 Subdivision Administrator without having to pay an additional filing fee.
21 (f) Reserved.
22 (Ord. of 2-1-99(2); Amend. of 7-16-07(2); Amend. of 6-16-08; Amend. of 11-2-09; Amend.
23 of 10-4-10; Amend. of 3-7-16; Amend. of 9-6-16; Amend. of 1-16-18)
24 Section 22-58. Planned Development Subdivision (PDS).
25 A Planned Development Subdivision may be composed of residential, commercial, industrial public
26 and semi-public uses. A PDS may be a Planned Unit Development (PUD) or a Cluster Subdivision.
27 To encourage innovative development, the normal subdivision regulations pertaining to
28 dimensional criteria from Article IV of the Zoning Ordinance and road standards from section 22-80
29 may be modified or exempted entirely, subject to approval of the total development plan by the
30 Board of Commissioners. Sound design of the plan for development, in keeping with good planning
31 and engineering practices and with the general safety and welfare of the public, shall be
32 considered in the approval of any PDS.
33 (a)PDS Concept Site Plan Submittal and Approval.
34 (1) A site plan shall be submitted to the Subdivision Administrator for Board of
35 Commissioners approval of the general concept to be achieved by the proposed PDS.
36 The information and data to be submitted on the site plan shall be as required for a
37 preliminary plat in addition to the following information:
38 a. General development plan for the property showing the boundaries of areas to be
39 developed for each proposed land use type and design standards for the type of
40 land use in the PDS. Each land use type shall be identified distinctively from other
41 land use types by color, patterns, numbers or letter, or a combination of means for
42 easy identifications.
43 b. Proposed right-of-ways drawn on the plan to show location of public and private
44 streets and roads within the PDS.
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1 c. Location of land to be made available for community facilities such as schools,
2 parks, churches, fire stations and similar uses.
3 d. General location of land to be dedicated as buffering, recreation and open space.
4 e. General location of major utilities such as water lines, or sewer lines, stormwater
5 control measures, water point source and natural gas if provided, electrical,
6 telephone and cable television.
7 f. Data shall be supplied for the following:
8 1. Total site acreage.
9 2. Acreage set aside for each land use type.
10 3. Proposed densities for each residential land use type. Where a residential land
11 use type will be planned in separate locations with different densities, the
12 proposed density of each shall be given.
13 4. Total number of dwelling units proposed.
14 5. The ratio of open space proposed for each residential land use type.
15 6. Proposed method of water supply and sewerage treatment and disposal.
16 (b) Submission Procedure For PDS Concept Site Plan.
17 The subdivider shall submit a PDS concept site plan, which shall be reviewed by the
18 Subdivision Review Committee. The committee shall send their recommendations to the
19 Subdivision Administrator to forward to the Planning Board for review and a
20 recommendation to the Board of Commissioners.
21 At least nine (9) copies of the PDS concept site plan shall be submitted to the Subdivision
22 Administrator.
23 The fee for submitting a PDS site plan shall be paid at the time of submittal according to the
24 fee schedule approved by the Board of Commissioners.
25 (c) Review and Approval Procedures.
26 The Subdivision Administrator shall schedule a meeting of the Subdivision Review
27 Committee within fourteen (14) days of submittal of a complete application. The committee
28 shall recommend to the Subdivision Administrator, on a majority vote of the members
29 present, to approve the plan, conditionally approve the plan with the recommended change
30 with reason for the change(s) or disapprove the plan with reason within fifteen (15) days of
31 the committee meeting at which the plan was discussed. If no recommendation is made by
32 the committee within this time, the plan shall then be placed on the next Planning Board
33 agenda subject to the courtesy hearing notification requirements from chapter 21 section
34 315 (1) of the Zoning Ordinance.
35 After receiving a recommendation from the Planning Board or after failure of the Planning
36 Board to transmit a recommendation within thirty (30) days of first consideration, the Board
37 of Commissioners shall hold a public hearing on the proposed PDS application, subject to
38 notification requirements from chapter 21 section 315 (1), to render one of the following
39 decisions:
40 (1) Approve the concept of the plan as submitted;
41 (2) Approve the concept of the plan with modifications; or
42 (3) Disapprove the concept of the plan with the reasons for disapproval given.
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1 If not approved the applicant may resubmit a revised site plan within ninety (90) days with
2 no additional filing fees required. The resubmitted site plan shall be reviewed in the same
3 manner as a new application. At least one (1) copy of any disapproved plan along with the
4 reason for disapproval shall be retained by the Subdivision Administrator as part of the
5 County's official records. A copy of such reasons and any remaining copies of the plan shall
6 also be transmitted to the subdivider.
7 If the PDS concept site plan is approved, it shall be indicated on the plan and two (2) copies
8 shall be retained by the Subdivision Administrator as part of the County's official records.
9 Any remaining copies of the approval plan shall be transmitted to the subdivider. If the plan
10 is approved with modification, these modifications shall be noted in the minutes of the Board
11 of Commissioners and a written copy of the modifications shall be provided to the
12 subdivider. An approved PDS concept site plan shall be valid for twenty-four (24) months
13 after the approval date.
14 (d) Supplementary Requirements for Cluster Subdivisions.
15 Any PDS that is proposed as a cluster subdivision as defined in section 22-10 shall be
16 subject to the following regulations and standards:
17 (1) The subdivision is two (2) or more acres in total area including public and private right-
18 of -ways, platted lots and permanent open space as provided in section 22-58(d)(3) and
19 contain at least four (4) dwelling units as indicated in chapter 21 section 60 (15) of the
20 Zoning Ordinance.
21 (2) The total number of lots does not exceed the number that would result if the total area of
22 the subdivision were divided by the minimum lot size for lots in subdivisions not subject
23 to this section.
24 (3) Land set aside within the subdivision and its maintenance as permanent open space is
25 assured by restrictive covenants shall be placed on open space tracts to satisfaction of
26 the Board of Commissioners. The area of such open space shall not be less than the
27 difference between the total area platted in the subdivision and the total area that would
28 have been so plated if all lots were of the minimum lot size for lots in normal
29 subdivisions not subject to this section.
30 (4) The land so set aside is shown on the approved subdivision plan and provides in such a
31 manner that it may be used for recreational or other purposes or remain in a vegetated
32 or natural state for those areas not suitable for recreational purposes. The open space
33 tract shall be accessible to all residents of the subdivision or where the land is proposed
34 to be deeded to a municipality or county, accessible to the public.
35 (e) Supplementary Requirements of Planned Unit Development (PUD).
36 Any proposed PDS that is proposed as a Planned Unit Development (PUD) as defined in
37 section 22-10 shall be subject to the following regulations and standards:
38 (1) The allowable number of dwelling units per acre shall conform to the density standards
39 prescribed in chapter 21 section 84 of the Zoning Ordinance.
40 (2) When Land Application Treatment Systems are used for sewage treatment and
41 disposal system, the land area required for the treatment and disposal shall not be
42 included in determining the maximum gross density.
43 (3) The maximum land area associated with any nonresidential structures, excluding
44 surface parking, shall not exceed thirty (30) percent of the total land area associated with
45 the nonresidential uses unless otherwise approved by the Board of Commissioners.
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Working DRAFT [using 1.7.18]
1 (4) Land area associated or required with one type of land use may not be used to
2 compute acreage available for another type of land use. Land area shall not be counted
3 twice in computing acreage available to each land use.
4 (5) Any proposed common open space in a PUD shall provide for the upkeep and
5 maintenance under provisions of section 22-58(f).
6 (f) Maintenance Requirements For Common Open Space
7 If the open space tract is not intended to be deeded and accepted by a county or
8 municipality, then a homeowners association or similar legal entity shall be established and
9 shall be responsible for the maintenance, payment of taxes, and control of open space
10 areas subject to the restrictive covenants.
11 An association or similar legal entity shall be established by recorded covenants before any
12 lots of the development have obtained a zoning or building permit, although their
13 maintenance authority for purposes of this article shall not be in effect until at least twenty-
14 five (25) percent of the lots are built -upon and occupied by tenants other than the
15 subdivider. The association or similar legal entity shall have clear legal authority to maintain
16 and exercise control over such open space areas.
17 Further, the association or similar legal entity has the power to compel contributions by
18 levying assessments against each lot in the subdivision development whether improved or
19 not, for the purpose of paying their proportionate share of the cost associated with the
20 maintenance, upkeep, and taxes of such common open space areas.
21 Other methods may be acceptable if the same positively provide for the proper and
22 continuous payment of taxes and maintenance of the common open space. The
23 instruments incorporating such provisions shall be submitted at the time of final plat
24 submittal and shall be approved by the county attorney as to form and legal sufficiency,
25 before submission to the Board of Commissioners and shall be recorded at the office of
26 Register of Deeds of Rowan County at the time of recordation of the final plat.
27 /!r\ Cyr IA/for O�inf C�i rno
28
29
30
31
32
33
34 spesmed OR sest+eR22-58(ff) of this A-Fdinanno intep�ann;_, ef the
35
36 ;J;1A;irtM;' t h.;\/INl. ii iricrlin4i�r
37 (Amend. of 7-16-07(2); Amend. of 11-2-09; Amend. of 4-21-14; Amend. of 9-6-16)
38 Section 22-59. Certifications and Notations Required on Plats.
39 (1) The following certificate shall be required on all approved preliminary plats:
40 Certificate of Approval of Preliminary Plat
41 This preliminary plat has been approved in accordance with the provisions of the Rowan
42 County Subdivision Ordinance on (date).
43
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
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26
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28
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32
33
34
35
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37
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41
42
43
44
Subdivision Administrator
(2) The following notation shall appear and be signed, as appropriate, on all final plats.
Certificate of Approval of Final Plat
This final plat has been approved in accordance with the provisions of the Rowan County
Subdivision Ordinance on (date).
Subdivision Administrator
Certificate of Survey and Accuracy
On the face of each map prepared for recordation there shall appear a certificate
acknowledged before an officer authorized to take acknowledgements and executed by the
person making the survey or map including deeds and any recorded data shown thereon.
The certificate shall include a statement as provided in G.S. Chapter 89C and Section 47-
30. Any lines on the map which were not actually surveyed must be clearly indicated on the
map and a statement included in the certificate revealing the source of information.
The certificate shall take the general form as provided by law.
Certificate of Ownership and Dedication
I (We) hereby certify that I am (we are) the owner(s) of the property shown and described
hereon, which is located in the subdivision jurisdiction of Rowan County and that I hereby
adopt this plan of subdivision with my (our) free consent and establish minimum lot size and
building setback lines as noted.
Date
Owner
Date Owner
NCDOT Certificate
Department of Transportation Division of Highways
Proposed Subdivision Roads Construction Standards Certificate
Approved by:
Date:
District Engineer
The following notation shall appear on all final plats of family subdivisions:
FAMILY SUBDIVISION DISCLOSURE STATEMENT
This subdivision plat was approved under the provisions of a "family subdivision" under
Chapter 22, Subdivision Ordinance, of the Rowan County Code of Ordinances. Any further
Page 23

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1 subdivision of any parcel shown on this plat requires compliance with the current provisions
2 of the Subdivision Ordinance. This compliance may require additional road right-of-way,
3 road improvements, or compliance with other provisions of the ordinance for approval. All
4 private roads or streets shown were not subject to any improvement standards, nor
5 guarantee of installation, nor intended to be accepted by any governmental agency for
6 public maintenance.
7 The following notation shall appear on all final plats of major subdivisions with new private streets
8 ROAD MAINTENANCE DISCLOSURE STATEMENT
9 This subdivision contains private streets and storm drainage that were designed and
10 (constructed or financially guaranteed in accordance with section 22-57 (c) of the
11 Subdivision Ordinance to be constructed) to NCDOT standards. Maintenance of these
12 improvements shall be the responsibility of (the developer(s) or the property owners) until
13 these responsibilities are assumed by a (Homeowners or Property Owners Association)
14 established by the collective lot owners. Neither NCDOT nor Rowan County are responsible
15 for any maintenance associated with these improvements or enforcement of the
16 responsibilities noted within this statement. (Note: This statement shall not serve as a
17 substitute for any other statutory disclosure requirement.)
18 The following notation shall appear on all final plats of major subdivisions with new public streets:
19 ROAD MAINTENANCE DISCLOSURE STATEMENT
20 The street and storm drainage system in this subdivision were designed and (constructed or
21 financially guaranteed in accordance with section 22-57 (c) of the Subdivision Ordinance to
22 be constructed) to NCDOT standards. Property owners should be aware NCDOT is not
23 responsible for any maintenance associated with these improvements until the streets have
24 been petitioned for inclusion into the secondary road maintenance system and accepted
25 therein. Maintenance of these improvements shall be the responsibility of (the developer(s)
26 or the property owners) until NCDOT has accepted maintenance responsibilities. Rowan
27 County is not responsible for any maintenance associated with these improvements or
28 enforcement of the responsibilities noted within this statement. (Note: This statement shall
29 not serve as a substitute for any other statutory disclosure requirement.)
30 (Ord. of 2-1-99(2); Amend. of 6-16-08; Amend. of 11-2-09; Amend. of 9-6-16)
31 Section 22-60. Phased Development for Major Subdivisions.
32 If the subdivider proposes that a major subdivision will be constructed in phases, the following
33 procedure shall apply:
34 (1) A master plan showing the general layout of the proposed subdivision and phases of
35 development, proposed density, proposed type and location of utilities, type of road
36 construction, and proposed development timetable shall be submitted to the Subdivision
37 Administrator;
38 (2) Each phase of development shall be preceded by submission and approval of a
39 preliminary plat as outlined in section 22-55. The master plan may be submitted prior to, or
40 simultaneously, to the submission of the preliminary plat for the first phase of development;
41 (3) A final plat must be submitted and approved for each phase or portion thereof phase as
42 outlined in section 22-56;
43 (4) Approval of the master plan need not be renewed unless density increases are proposed
Page 24

Working DRAFT [using 1.7.18]
1 Section 22-61. Required Information for Preliminary and Final Plats.
2 (a) Required Information for Preliminary Plats.
3 The required preliminary plats shall depict, contain or be accompanied by the information
4 indicated below:
5 ■ Title Block Containing Subdivision Name.
6 ■ Location (including township, county and state).
7 ■ A bar graph scale and North arrow.
8 ■ Name, address, registration number and seal as applicable of the Professional Land
9 Surveyor, land planners, architects, landscape architects, and professional engineers
10 responsible for the subdivision.
11 ■ The name of the subdivider or developer.
12 ■ The sketch vicinity map with north arrow showing the relationship between the proposed
13 subdivision and surrounding area.
14 ■ Estimated corporate limits, township boundaries, and county lines if on the subdivision tract.
15 ■ Date of plat preparation.
16 ■ The boundaries of the tract to be subdivided, distinctly and accurately represented with all
17 bearings and distances shown and the location of existing boundary lines of adjoining lands,
18 property lines and fifty (50) feet away from the property line into adjoining property land.
19 ■ The names of owners of adjoining properties and deed book and page number.
20 ■ The names of any adjoining subdivision of record or proposed and under review.
21 ■ Front building setback line.
22 ■ The zoning classification of the tract to be subdivided and adjoining properties.
23 ■ Existing buildings or other structures, water courses, utility and street rights -of -way or
24 easements, railroads, bridges, both on the land to be subdivided and land immediately
25 adjoining.
26 ■ All certifications required by this ordinance.
27 ■ The lots numbered throughout the subdivision in a manner using only numeric symbols. A
28 continuous numbering system shall be used throughout the subdivision. Multiple phases shall
29 maintain continuous numbering system for all phases.
30 ■ Ponds or lakes, streams or stream beds and any other natural features affecting the site.
31 ■ The location of the special flood hazard area, base flood elevations, and floodway / non-
32 encroachment areas from the county's FIRM maps and or FIS, if applicable.
33 ■ Proposed roads and existing and platted roads on adjoining properties within twenty (20) feet
34 of the subdivision boundary and in within the proposed subdivision.
35 ■ Road names.
36 ■ Type of road dedication, either public or private; for public roads not dedicated to a
37 municipality engineering drawings and specifications shall be provided to the NCDOT District
38 Engineer.
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1 ■ The locations and dimensions of all utility and other easements, riding trails, if proposed,
2 pedestrian or bicycle paths if proposed, park and open space corridors, school sites (both
3 existing and proposed), areas to be dedicated to or reserved for public use, areas to be used
4 for purposes other than residential with the purpose of each stated.
5 ■ Sufficient engineering data to determine readily and reproduce on the ground every straight
6 or curved line, street line, lot line, right-of-way line, and easements line, including dimensions,
7 bearings, or deflection angles. All linear and angular dimensions shall comply with the
8 standards established by the Board of Registration for Professional Engineers and Land
9 Surveyors.
10 ■ The accurate locations and descriptions of all monuments and markers.
11 ■ Right-of-way location and dimensions, pavement widths drawn to scale, approximate grade,
12 design engineering data for all corners and curves, typical road cross sections.
13 ■ The plans for utility layouts, if applicable, including sanitary system, stormwater drainage
14 system control measures and drainage facilities, water distribution lines, natural gas lines,
15 telephone lines, electric lines and other proposed utilities.
16 ■ Plans for community water supply and community sewage disposal systems (e.g. package
17 treatment plants), if any.
18 ■ Site data including acreage in total tract to be subdivided, acreage in parks, open space, and
19 recreation acres and other nonresidential uses excluding any street right-of-ways, total
20 number of parcels created, total combined acreage of all lots, acreage shown for each lot in
21 the subdivision, linear feet in streets, the name and location of any property or building within
22 the proposed subdivision that is located on the U.S. Department of Interior's National Register
23 of Historic Places.
24 ■ A topographic map with contour interval of no greater than ten (10) feet at a scale of no less
25 that one (1) inch equals two hundred (200). Available USGS Quadrangle maps may be
26 enlarged or otherwise used to produce this information.
27 ■ Location of water point source and all-weather access road, as applicable.
28 ■ A statement indicating Rowan County does not guarantee the suitability of any lot for the
29 placement of a sewage disposal and/or water supply system.
30 (b) Required Information for Final Plats.
31 The final plats shall depict, contain or be accompanied by the information indicated in the
32 following table:
33 ■ Title Block containing Subdivision Name.
34 ■ Location (including township, county and state)
35 ■ A bar graph scale and North arrow.
36 ■ Name, address, registration number and seal as applicable of the Professional Land
37 Surveyor, land planners, architects, landscape architects, and professional engineers
38 responsible for the subdivision.
39 ■ The name of the subdivider or developer.
40 ■ The sketch vicinity map with north arrow showing the relationship between the proposed
41 subdivision and surrounding area.
42 ■ Estimated corporate limits, township boundaries, and county lines if on the subdivision tract.
Page 26

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1
■
Date of plat preparation.
2
■
The boundaries of the tract to be subdivided, distinctly and accurately represented with all
3
bearings and distances shown and the location of existing boundary lines of adjoining lands,
4
property lines of adjoining properties.
5
■
The names of owners of adjoining properties and deed book and page number.
6
■
The names of any adjoining subdivision of record or proposed and under review.
7
■
Front building setback line.
8
■
The zoning classification of the tract to be subdivided and adjoining properties.
9
■
Existing buildings or other structures, water courses, utility and street rights -of -way or
10
easements railroads, bridges, both on the land to be subdivided and land immediately
11
adjoining.
12
■
All certifications required by this ordinance.
13
■
The lots numbered throughout the subdivision in a manner using only numeric symbols. A
14
continuous numbering system shall be used throughout the subdivision. Multiple phases shall
15
maintain continuous numbering system for all phases.
16
■
Ponds or lakes, streams or stream beds and any other natural features affecting the site.
17
■
The location of the special flood hazard area, base flood elevations, and floodway / non-
18
encroachment areas from the county's FIRM maps and or FIS, if applicable.
19
■
Proposed roads and existing and platted roads on adjoining properties within twenty (20) feet
20
of the subdivision boundary and in within the proposed subdivision.
21
■
Road names.
22
■
Type of road dedication, either public or private; for public roads not dedicated to a
23
municipality engineering drawings and specifications shall be provided to the NCDOT District
24
Engineer.
25
■
The locations and dimensions of all utility and other easements, stormwater drainage
26
system and control measures, riding trails, if proposed, pedestrian or bicycle paths if
27
proposed, park and open space corridors, school sites (both existing and proposed), areas to
28
be dedicated to or reserved for public use, areas to be used for purposes other than
29
residential with the purpose of each stated.
30
Sufficient engineering data to determine readily and reproduce on the ground every straight
31
or curved line, street line, lot line, right-of-way line, and easements line, including
32
dimensions, bearings, or deflection angles. All linear and angular dimensions shall comply
33
with the standards established by the Board of Registration for Professional Engineers and
34
Land Surveyors.
35
The accurate locations and descriptions of all monuments and markers.
36
Deed book and page number of any deed restrictions, road maintenance or similar
37
covenants.
38
Location of water point source and all-weather access road, as applicable.
39
A statement indicating Rowan County does not guarantee the suitability of any lot for the
40
placement of a sewage disposal and/or water supply system.
41 (Amend. of 2-20-06(2); Ord. No. 7-16-07(2); Amend. of 11-2-09)
Page 27

Working DRAFT [using 1.7.18]
1 Section 22-62. Recombination of Land.
2 Recombination of Plated Subdivision may be done as follows:
3 (a) Any plat or any part of any plat may be vacated by owner at any time before the sale of any
4 lot in the subdivision by filing an approved plat inconsistent with the originally approved plat
5 or by filing a plat showing the tract without the lots as if no lots have been sold.
6 (b) The replatting of any previously platted property shall not abridge or destroy any public
7 rights.
8 (c) The filing and recording of an amended plat as described in section 22-62(a) of this
9 ordinance shall serve to destroy the force and effect of the recording of the plat so vacated,
10 and to divest all public rights in the streets, alleys and public grounds, and all dedications
11 laid out or described in such plat.
12 (d) When lots have been sold, the plat may be vacated or amended by all owners of the lots in
13 such plat joining in the execution of such writing, provided such vacated or amended plat
14 comply with requirements of this ordinance.
15 (e) Streets which have not been used within fifteen (15) years of dedication may be deemed
16 abandoned. The withdrawal of dedication shall be consistent with G.S. 136-96.
17 (Amend. of 11-2-09)
18 Section 22-63. Resubdivision Procedure.
19 For any replatting or resubdivision of land, the same procedures, rules and regulations shall
20 apply as prescribed herein for an original subdivision.
21 Secs 22-64-22-75. Reserved.
22 ARTICLE IV. REQUIRED IMPROVEMENTS, DEDICATIONS, RESERVATIONS,
23 MINIMUM STANDARDS OF DESIGN
24 Section 22-76. General.
25 Before final plat approval, each subdivision shall contain the improvements specified in this
26 article, which shall be installed in accordance with the requirements of this ordinance and paid
27 for by the subdivider, unless other means of financing is specifically stated in this ordinance.
28 Land shall be dedicated and reserved in each subdivision as specified in this article. Each
29 subdivision shall adhere to the minimum standards of design established by this article.
30 Section 22-77. Suitability of Land.
31 (a) Land which has been determined by the Subdivision Administrator on the basis of
32 engineering or other expert surveys to pose an ascertainable danger to life or property by
33 reason of its unsuitability for the use proposed shall not be platted for that purpose, unless
34 and until the subdivider has taken the necessary measures to correct said conditions and to
35 eliminate said dangers.
36 (b) Areas that have been used for disposal of solid waste shall not be subdivided unless tests
37 by the Rowan County Health Department, a structural engineer, and a soils expert
38 determine that the land is suitable for the purpose proposed. Areas that have been used for
Page 28

Working DRAFT [using 1.7.18]
1 storage or disposal of industrial waste, low-level radioactive waste or hazardous waste shall
2 not be subdivided unless tests have been conducted and determine by the appropriate
3 State or Federal agencies that the area is safe for use and development as a subdivision.
4 (c) All subdivision proposals shall be consistent with the need to minimize flood damage.
5 (d) All subdivision proposals shall have public utilities, sites and facilities such as sewer, gas,
6 electrical, water system, and roads located and constructed to minimize flood damage.
7 (Amend. of 6-16-08; Amend. of 11-2-09)
8 Section 22-78. Name and Street Duplication.
9 The name of the subdivision and the name of the streets within the subdivision shall not
10 duplicate nor closely approximate the name of an existing subdivision, nor any existing street
11 within Rowan County.
12 Section 22-79. Subdivision Design.
13 (a) Lot Dimensions.
14 All new lots in a subdivision shall conform to the following requirements
15 (1) Lot Area.
16 (a). All lots in a new subdivision shall conform to the zoning requirements of the
17 zoning district in which the subdivision is located. Conformance to zoning
18 requirements means, among other things that the smallest lot in the subdivision
19 must meet all dimensional requirements of chapter 21 article IV of the Rowan
20 County Zoning Ordinance.
21 (b). 1. Lot sizes may be increased on the recommendation of the Rowan County
22 Health Department based on the assessment of soil application rates and subsoil
23 conditions.
24
25 2. Lots regulated by this chapter that are neither intended nor considered to be
26 utilized for building sites or development may serve the purpose of a utility lot for
27 nonresidential purposes only. Said lots may have access as provided in Section
28 22-79(d).
29
30 3. Any lot served by a septic tank system shall be large enough to accommodate
31 both a septic tank, its drainage field, plus a reserve drainage area.
32 (c). In determining the lot area requirements, the following shall not be included:
33 a. Any deeded road or easement right-of-way
34 b. Any dedicated road right-of-way
35 c. Any road right-of-way to be dedicated
36 d. Any road right-of-way claimed by the N.C. Department of Transportation
37 e. Any railroad right-of-way
38 f. Any area within a floodway or non -encroachment zone according to the
39 Rowan County FIRM and / or FIS.
40 (2) Lot Specifications: Minimum specifications for all uses shall comply with the applicable
41 zoning requirements of chapter 21 article IV of the Rowan County Zoning Ordinance.
Page 29

Working DRAFT [using 1.7.18]
1 (3) Orientation of Lot Lines: Side lot lines shall be substantially at right angles or radial to
2 street lines. Substantially shall be known as a tolerance of plus or minus fifteen (15)
3 degrees of a right angle or a radial line. Double -frontage lots shall be avoided wherever
4 possible. Where side lot lines intersect at the rear of the lot the angle of intersection shall
5 not be less than thirty (30) degrees.
6 (4) Lot Depth: Minimum lot depth shall comply with the applicable zoning requirements of
7 chapter 21 article IV of the Rowan County Zoning Ordinance.
8 (5) Panhandle Lots: Panhandle lots shall not be allowed in subdivisions except when such
9 lots would serve to provide lot access to a body of water, golf course or similar
10 recreation facility. Never shall an entire subdivision or the majority of lots within a
11 subdivision consist of panhandle lots. All panhandle lots shall have a minimum road
12 frontage of thirty-five (35) feet. The length of the panhandle strip in the lot shall not
13 exceed two hundred (200) feet. Said strip shall not be used to determine lot area, lot
14 width or required building setback line.
15 (6) Minimum Lot Depth: All minimum lot dimensions may be increased to meet any
16 applicable requirements of the Rowan County Health Department.
17 (7) Waterfront Access Lot: As recommended policy, where any portion of a subdivision
18 adjoins the Yadkin River or the South Yadkin River and its impounded waters, a
19 waterfront access lot is encouraged to be reserved for use of the residents of the
20 subdivision for all interior lots located within said subdivision which do not front on the
21 water.
22 (8) Right -of -Way Observation: All new lots having frontage on a state or publicly maintained
23 road where no right-of-way is recorded by deed or plat, shall be required to observe a
24 sixty -foot right-of-way, i.e. thirty (30) feet from roadway centerline, unless otherwise
25 suggested in Appendix A.
26 (b) Utility Easements.
27 A utility easement of not less than ten (10) feet in width shall be provided along each side of
28 all side and rear lot lines on either side. These easements may be noted by a statement on
29 the final plat.
30 (c) Drainage Easements.
31 Where a subdivision is traversed by a stream or a drainage way, an easement shall be
32 provided conforming with the line of such stream and of sufficient width as will be adequate
33 for the purpose.
34 (d) Access Easements for Utilities.
35 An access easement of at least twenty (20) feet in width may be provided to service
36 nonresidential lots whenever no other reasonable alternative exists. Said easement may
37 only be used to serve unmanned utility facilities such as pump/lift stations,
38 telecommunications towers, septic tank drain fields, common areas, etc.
39 (Ord. of 2-1-99(2); Ord. of 10-18-99(3); Amend. of 2-20-06(2); Amend. of 6-16-08; Amend.
40 of 11-2-09; Amend. of 9-6-16; Amend. of 2-6-17)
41 Section 22-80. Road Standards.
42 Every lot shall have access to it that is sufficient to provide a means of ingress and egress for
43 emergency vehicles as well as for all those likely to need or desire access to the property in its
Page 30

Working DRAFT [using 1.7.18]
1 intended use. In situations where an original lot is provided access via a non -state standard
2 right-of-way or easement (public or private) and is proposed to be subdivided, the subdivider
3 shall be responsible for obtaining the necessary right-of-way and for all aspects of road
4 construction for upgrading said access to the proposed subdivision. Road construction and
5 right-of-way standards shall meet the requirements of Section 22-80(a) or (b) of this ordinance.
6 (a) Public Roads.
7 All subdivision lots shall abut on a public road except as provided in section 22-80(b) and
8 (d) of this ordinance. All public roads shall be paved and built to all applicable standards of
9 this ordinance and all other applicable standards of the North Carolina Department of
10 Transportation (NCDOT). Roads which are not eligible to be put on the NCDOT system
11 because there are too few residences shall nevertheless be dedicated for public use and
12 shall be built in accordance with the standard necessary to be put on the NCDOT System. A
13 written agreement with provision for maintenance of the street until it is put on the State
14 System shall be included with the final plat and recorded with Rowan County Register of
15 Deeds office. The maintenance agreement shall provide that either the subdivider or
16 property owners shall be responsible for the maintenance of all proposed public streets until
17 the responsibility has been transferred to either a homeowner's association established for
18 the owners of properties in the subdivision or has been accepted for public road
19 maintenance by NCDOT.
20 (b) Private Roads.
21 Private roads shall be permitted only when the roads proposed within a subdivision will not
22 be eligible for inclusion into the NCDOT state maintained system or by a municipality in
23 Rowan County because of their standards for acceptance. Such roads shall meet all right-
24 of -ways and construction standards of NCDOT unless specifically provided otherwise. The
25 subdivider shall provide certification from a registered professional engineer that the subject
26 roads were built to these standards. All private roads shall be marked as such on the
27 preliminary and final plat and a maintenance agreement shall be provided and recorded
28 with the plat at the Rowan County Register of Deeds office once the final plat has been
29 approved.
30 Said maintenance agreement shall include, but not be limited to, the following items:
31 (1) That a homeowner's association shall be established as a legal entity for the property
32 owners within the entire subdivision.
33 (2) That all property owners within the subdivision shall be members of the homeowner's
34 association.
35 (3) That the subdivider shall convey all private streets in fee simple ownerships within the
36 subdivision to the homeowner's association.
37 (4) That the responsibility for maintenance of private streets from the developer to the
38 homeowners association shall be noted in the deed of each purchaser of property within
39 the subdivision.
40 At the time of the preparation of the sales agreement the developer shall include a
41 disclosure statement to the prospective buyer as herein outlined. The developer and seller
42 shall include in the disclosure statement an explanation of the consequences and
43 responsibility about the maintenance of a private street, and shall fully and accurately
44 disclose to the party or parties upon whom responsibility for construction and maintenance
45 of such street or streets shall rest.
46 Private roads for a family subdivision, as defined in section 22-9, shall not be required to
47 meet construction standards of NCDOT, instead the lot(s) created shall be provided ingress
Page 31

Working DRAFT [using 1.7.18]
1 and egress via a twenty -foot easement or right-of-way (new or existing) in continuity to a
2 publically maintained road, which shall be shown on the final plat. Furthermore, family
3 subdivisions may also occur in situations where prior minor subdivision approval was
4 granted but not within a major subdivision. In addition, the street frontage requirements of
5 section 22-79(a) "Lot Dimensions" shall not apply to these lots. For the purposes of
6 determining other required setbacks, "street" and "street right-of-way" shall be interpreted
7 to mean the twenty -foot exclusive easement. The establishment or extension of a new
8 easement or right-of-way shall not be prevented by the required setback of an existing
9 structure if the Subdivision Administrator determines no other feasible options are
10 available.
11 Any family subdivision that cannot comply with the provisions of this subsection shall not be
12 approved as a family subdivision and shall be approved and comply with the provisions of a
13 minor or major subdivision.
14 (c) Access to Adjacent Properties.
15 For the purposes of providing improved traffic flow, limiting the number of subdivision street
16 intersections on collector and arterial streets and providing access between adjoining
17 subdivisions, the Subdivision Administrator or Board of Commissioners may require that a
18 proposed street be extended by dedication and road improvements to the boundary of such
19 property and a temporary cul-de-sac be provided.
20 (d) Nonresidential Streets.
21 The subdivider of a nonresidential subdivision shall provide streets in accordance with
22 current NCDOT standards and the standards in this ordinance, whichever are stricter in
23 regard to each particular item.
24 (e) Street Design Standards.
25 The design of all streets and roads within the jurisdiction of this ordinance shall be in
26 accordance with the accepted policies and standards of the North Carolina Department of
27 Transportation, Division of Highways. The most recent edition of the North Carolina
28 Department of Transportation, Division of Highway's Subdivision Roads Minimum
29 Construction Standards, shall apply for any items not included in this ordinance or where
30 stricter than this ordinance.
31 The following design standards shall apply to all streets proposed in subdivisions:
32 (1) Street jogs with centerline offsets of less than one hundred fifty (150) feet are not
33 permitted.
34 (2) Street intersections shall not include more than four (4) street approaches.
35 (3) Streets shall be laid out to intersect as nearly as possible at right angles. No street shall
36 intersect another at less than sixty (60) degrees, other arrangements for smooth
37 merging of traffic shall be permitted where the total effect on the intersection is to
38 reduce traffic hazards and provide for smooth traffic flow at the intersection as a whole.
39 As an example, where a one-way street leaves or enters a street divided by a median
40 strip or otherwise controlled to prevent left turns, the angle of departure or entry might
41 be less than sixty (60) degrees. All angles of street intersections shall meet current
42 NCDOT standards.
43 (f) Other Requirements.
44 (1) Sidewalks.
45 Sidewalks may be required by the Board of Commissioners on one or both sides of the
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Working DRAFT [using 1.7.18]
1 street in areas likely to be subject to heavy pedestrian traffic such as near schools and
2 shopping areas. Such sidewalks shall be constructed to a minimum width of four (4)
3 feet, and shall consist of a minimum thickness of four (4) inches of concrete. All
4 sidewalks shall be placed in the right-of-way. Sidewalks shall consist of a minimum of
5 six (6) inches of concrete at driveway crossings. Sidewalks shall be constructed of
6 concrete with a minimum compressive strength of two thousand five hundred (2,500)
7 pounds per square inch or greater.
8 (2) Street Names.
9 Proposed streets which are obviously in alignment with existing streets shall be given
10 the same name. In assigning new names, duplication of existing names shall be
11 avoided and never shall the proposed name be phonetically similar to existing names in
12 the county irrespective of the use of a suffix such as street, road, drive, place, court, etc.
13 Street names shall be subject to the approval of the Planning Department and shall be
14 in accordance with section 22-78.
15 (3) Street Name Signs.
16 The subdivider shall be required to reimburse Rowan County for providing and placing
17 street name signs to county standards at all intersections within the subdivision. This
18 fee shall be paid before final plat approval.
19 (4) Permits for Connection to State Roads.
20 An approved permit is required for connection with any existing state system road. This
21 permit is required before any construction on the street or road. The application is
22 available at the office of the nearest district engineer of the Division of Highways.
23 (5) Wheelchair Ramps.
24 In accordance with G.S. 136-44.14, all street curbs in North Carolina being constructed
25 or reconstructed for maintenance procedures, traffic operations, repairs, correction of
26 utilities, or altered for any reason after September 1, 1973, shall provide wheelchair
27 ramp for the physically handicapped at all intersections where both curb and gutter and
28 sidewalk are provided and at other major points of pedestrian flow.
29 (g) All -Weather Access Road for Water Point Sources
30 In situations where the water point source cannot be directly accessed by a mobile water
31 supply apparatus via the proposed subdivision street; or, an existing state maintained road;
32 or a linkage of hoses not to exceed twenty (20) feet, then the subdivider shall be
33 responsible for construction of an access road in fire districts with a PPC rating of 8 or
34 lower. In districts with a PPC rating of 9 or 9S, the fire department having jurisdiction shall
35 participate equally with the subdivider in sharing the costs for access road construction.
36 This access road shall be maintained in accordance with the following NFPA 1142 Chapter
37 7 guidelines to which it was built. These standards are intended to serve as the maximum
38 requirements that may be imposed, subject to (11) below.
39 (1) Roadways shall have a minimum clear width of twelve (12) feet (3.7 m) for each lane of
40 travel.
41 (2) Turns shall be constructed with a minimum radius of one hundred (100) feet (30.5 m) to
42 the centerline.
43 (3) The maximum sustained grade shall not exceed eight (8) percent.
Page 33

Working DRAFT [using 1.7.18]
1 (4) All cut -and -fill slopes shall be stable for the soil involved.
2 (5) Bridges, culverts, or grade dips shall be provided at all drainageway crossings; roadside
3 ditches shall be deep enough to provide drainage with special drainage facilities (tile,
4 etc.) at all seep areas and high water table areas.
5 (6) The surface shall be treated as required for year-round travel.
6 (7) Erosion control measures shall be used as needed to protect road ditches, cross drains,
7 and cut -and -fill slopes.
8 (8) Where turnarounds are utilized during firefighting operations, they shall be designed
9 with a diameter of one hundred twenty (120) feet (36.5 m) or larger, as required, to
10 accommodate the equipment of the responding fire department.
11 (9) Load -carrying capacity shall be adequate to carry the maximum vehicle load expected.
12 (10)The road shall be suitable for all-weather use.
13 (11)Upon determination from the SRC that lesser standards are adequate and comply with
14 the intent of this article, deviations may be permitted on an individual basis.
15 (Ord. of 2-1-99(2); Ord. of 10-18-99(3); Amend. of 7-16-07(2); Amend. of 6-16-08; Amend. of 11-2-
16 09; Amend. of 10-4-10; Amend. of 4-21-14; Amend. of 9-6-16)
17 Secs.22-81-22-100. Reserved.
18 ARTICLE V. UTILITIES
19 Section 22-101. Utility Ownership and Easement Rights.
20 In any case in which a developer installs or causes the installation of water, sewer, electrical
21 power, telephone, or cable television facilities and intends that such facilities shall be owned,
22 operated or maintained by a public utility or any entity other than the developer, the developer
23 shall transfer to such utility or entity the necessary ownership or easement rights to enable the
24 utility or entity to operate and maintain such facilities.
25 Section 22-102. Subdivisions Serviced By or Having The Potential To Be Serviced
26 By Public Water or Sewer Systems.
27 (a) Any original lot which is proposed to be subdivided, including any potential future
28 subdivisions, shall be connected to public water and sewer systems according to the
29 following schedule, if it is legally possible and practical in terms of topography or cost. If the
30 subdivider proposes subdividing only a portion of the original lot, then using the design
31 standards of this chapter, a determination of the potential number of lots that could be
32 developed on the residual portion of the original tract shall be made by the Subdivision
33 Administrator. The sum of the number of lots contained in the area proposed for
34 subdivision, plus the determined number of lots for the unsubdivided area of an original lot,
35 shall be used for the purposes of this section. The decision of the Subdivision Administrator
36 may be appealed to the Zoning Board of Adjustment as provided for in section 22-53.
37 The number of potential lots or a nonresidential use that places a comparable demand on
38 the water and sewer system shall determine the minimum distance whereby a subdivision
39 must be connected. The distance is to be taken from the nearest point on the original lot
40 line to the water and sewer line.
Page 34

Working DRAFT [using 1.7.18]
I
Number of Lots
Distance
9-20
400'
21-50
800'
51-100
1,500,
More than 100
2,000'
2
3 (b) Connection to such water or sewer line is not legally possible if, to make connection with
4 such line by a connecting line that does not exceed the distance prescribed above, it is
5 necessary to run the connecting line over property not owned by the owner of the proposed
6 subdivision to be served by the connection, and, after diligent effort, the easement
7 necessary to run the connecting line cannot reasonably be obtained.
8 (c) For this article, a lot is "served" by a publicly owned water or sewer line if connection is
9 required by this section.
10 (Amend. of 11-2-09)
11 Section 22-103. Sewage Disposal Facilities Required.
12 (a) Every principal use and every lot within a subdivision shall be served by a sewage disposal
13 system that is adequate to accommodate the reasonable needs of such use or subdivision
14 lot and that complies with all applicable health regulations.
15 (b) Notwithstanding any other provisions of this ordinance, no privately owned or operated
16 sewage treatment system that discharges into surface waters shall be allowed within a
17 public water supply watershed according to watershed classification by the North Carolina
18 Department of Environmental Quality.
19 Section 22-104. Determining Compliance With section 22-103.
20 (a) Primary responsibility for determining whether a proposed development will comply with the
21 standard set forth in subsection 22-103(a) often lies with an agency other than the county,
22 and the developer must comply with the detailed standards and specifications of such other
23 agency. The relevant agencies are listed in subsection 22-104(b). Whenever any such
24 agency requires detailed construction or design drawings before giving its official approval
25 to the proposed sewage disposal system, the authority issuing an approval under this
26 ordinance may rely upon a preliminary review by such agency of the basic design elements
27 of the proposed sewage disposal system to determine compliance with section 22-103.
28 However, construction of such system may not commence until the detailed plans and
29 specifications have been reviewed and any appropriate permits issued by such agency.
30 (b) In the following table, the column on the left describes the type of development and the
31 column on the right indicates the agency that must certify to the county whether the
32 proposed sewage disposal system complies with the standard set forth in section 22-
33 103(a).
IF THEN
1) Lots within the subdivision are to be served No further certification is necessary.
by simple connection to existing municipal or
county lines or lines of a previously approved
private treatment system:
Page 35

Working DRAFT [using 1.7.18]
2) Lots within the subdivision are to be served
by a county or municipal system but the
developer will be responsible for installing
the necessary additions to the public system:
3) Lots within the subdivision that are not
served by a county or municipal system and
are to be served by a sewage treatment
system, that has not previously been
approved, that does discharge into surface
waters or on ground surfaces:
4) Lots within the subdivision that are not
served by a county or municipal system and
are to be served by a privately operated
sewage treatment system, that has not
previously been approved, that does
discharge below the ground surface:
5) Lots served by individual septic tank
systems:
(Amend. of 09-6-16).
The appropriate utilities director (municipal or county)
must certify that the proposed extension meets the
local government's specifications and will (if
connection to the local governments system is
proposed) be accepted by the local government. (A
"Permit to Construct" must be obtained from the
appropriate governmental agency).
A permit must be obtained from the Division of
Environmental Management prior to final plat
submittal.
A permit must be obtained by the Rowan County
Health department prior the final plat submittal.
No further certification is necessary.
2 Section 22-105. Water Supply System Required.
3 Every principal use and every lot within a subdivision shall be served by a water supply system
4 that is adequate to accommodate the reasonable needs of the use on a subdivided lot and
5 complies with all applicable health regulations.
6 Section 22-106. Determining Compliance with section 22-105.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
(a) Primary responsibility for determining whether a proposed development will comply with the
standard set forth in section 22-105 often lies with an agency other than the county, and the
developer must comply with the detailed standards and specifications of such other agency.
The relevant agencies are listed in subsection (b). Whenever any such agency requires
detailed construction or design drawings before giving its official approval to the proposed
water supply system, the authority issuing approval under this ordinance may rely upon a
preliminary review by such agency of the basic design elements of the proposed water
supply system to determine compliance with section 22-105. However, construction of such
system may not commence until the detailed plans and specifications have been reviewed
and any appropriate permits issued by such agency.
(b) In the following table, the column on the left describes the type of development and the
column on the right indicates the agency that must certify to the county whether the
proposed water supply system complies with the standard set forth in section 22-105.
IF THEN
1) Lots within the subdivision are to be No further certification is necessary
served by a simple connection to
existing municipal or county lines or
lines of a previously approved public
water supply system:
2) Lots within the subdivision are to be The appropriate utility director (municipal or county)
Page 36

served by a municipal or county
system but the developer will be
responsible for installing the necessary
additions to such system:
3) Lots within the subdivisions are not to
be served by a municipal or county
system and are to be served by a
privately owned public water supply
system that has not previously been
approved:
4) Lots within the subdivision are to be
served by individual wells:
(Amend. of 09-6-16).
Working DRAFT [using 1.7.18]
must certify to the county that the proposed system
meets the local government's specifications and will
be accepted by the local government. (A "Permit to
Construct" must be obtained from appropriate
governmental agency).
The Division of Health Services must certify that the
proposed system complies with all applicable state
and federal regulations. (A "Permit to Construct"
must be obtained from Division of Health Services).
The Division of Environmental Management must
also approve the plans if the water source is a well
and the system has a design capacity of one
hundred thousand (100,000) gallons per day or is
located within certain areas designated by Division
of Environmental Management.
No further certification is necessary.
2 Section 22-107. Electrical, Telephone, Cable Television And Other Utilities.
3 Electrical distribution systems (defined for these regulations as facilities for delivering electrical
4 energy from a substation to a customer's meter and generally associated with voltage in the
5 14.4 to 24.9 kv range and below), telephone lines, cable television lines and any other wire
6 installation shall be underground unless the unfeasibility of such installation has been
7 documented and is submitted to the Subdivision Administrator or Board of Commissioners.
8 Section 22-108. Utilities to Be Consistent With Internal and External Development.
9 Whenever it can reasonably be anticipated that utility facilities construction in one development
10 will be extended to serve other adjacent or nearby developments, such utility facilities (e.g.,
11 water or sewer lines) shall be located and constructed so extensions can be made conveniently
12 and without undue burden or expense or unnecessary duplication of service.
13 Section 22-109. Stormwater: Drainage System, Control Measures and Maintenance
14 Plans.
15 (a) Stormwater Drainaae Svstem.
16 The subdivider shall provide a surface water drainage system constructed to the standards
17 of the North Carolina Department of Transportation, as reflected in "Handbook for the
18 Design of Highway Surface Drainage Structures," 1975, as amended or revised, subject to
19 review by the County and NCDOT where applicable.
20 {a3 M No surface water shall be channeled or directed into a sanitary sewer.
21 {b} (2) Where feasible, the subdivider shall connect to an existing storm drainage system.
22 kG4 3) Where an existing storm drainage system cannot feasibly be extended to the
23 subdivision, a surface drainage system shall be designed to protect the proposed
24 development from water damage.
25 04 4) Surface drainage courses shall have side slopes of at least three (3) feet of horizontal
26 distance for each one (1) foot of vertical distance, and courses shall be of sufficient size to
Page 37

Working DRAFT [using 1.7.18]
1 accommodate the drainage area without flooding, and designed to comply with the
2 standards and specifications for erosion control of the North Carolina Sedimentation
3 Pollution Control Act of 1973, G.S. Chapter 113A, Article 4, and the Rowan County
4 Sedimentation Control Ordinance. Other side slope standards can be accepted by the
5 Subdivision Administrator, if approved by North Carolina Department of Transportation or
6 Rowan County Planning and Development.
7 {e3 (5) The minimum grade along the bottom of a surface drainage course shall be a vertical
8 fall of at least one (1) foot in each two hundred (200) feet of horizontal distance.
9 44 (6) Stream banks and channels downstream from any land disturbing activity shall be
10 protected from increased degradation by accelerated erosion caused by increased velocity
11 of runoff from land disturbing activity in accordance with the Rowan County Sedimentation
12 Pollution Control Ordinance and North Carolina Sedimentation Pollution Control Act of
13 1973, G.S. Chapter 113A, Article 4.
14 (@4 M Anyone constructing a dam or impoundment within the subdivision shall comply with the
15 North Carolina Dam Safety Law of 1967 and the North Carolina Administrative Code Title
16 15, Subchapter 2 K, if applicable.
17 {#} ) In areas of special flood hazards, all subdivision proposals shall have adequate
18 drainage provided to reduce exposure to flood damage and shall comply with all
19 requirements of the Rowan County Flood Damage Prevention Ordinance, if applicable for
20 the subdivision.
21 (b) Stormwater Control Measures (SCM).
22 All SCMs and plans shall be prepared by a qualified registered North Carolina
23 professional engineer, land surveyor, soil scientist or landscape architect performing
24 design services only in their area of competence as prescribed by North Carolina
25 General Statutes.
26 The developer shall submit all proposed stormwater control measure(s) plans,
27 including the operation and maintenance plan(s) or manual(s), to the Planning
28 Department for scheduling a Subdivision Review Committee (SRC) meeting subject
29 to the submission and review procedures in Section 22-56 of this Chapter.
30
31 Minimum design requirements for all stormwater control measures shall include the
32 following:
33 (1) Designed for specific pollutant removal according to modeling techniques
34 approved by the North Carolina Division of Environmental Quality found in the
35 Stormwater Design Manual at https://deg.nc.gov/sw-bmp-manual and relevant
36 minimum design criteria set forth in 15A NCAC 02H .1050 through .1062.
37 (2) Consist of one treatment option or a combination of treatment options, with
38 design criteria achieving an 85 percent average annual removal of Total Suspended
39 Solids. The discharge rate shall meet one of the following criteria;
40 (a) The discharge rate following the 1-inch design storm shall be such that the
41 runoff draws down to the pre -storm design stage within five days, but not less
42 than two days; or
43 (b)The post development peak discharge rate shall equal the predevelopment
44 rate for the 1-year, 24-hour storm.
45 (3) Designed, constructed, and maintained so that the project achieves either "runoff
46 treatment" or "runoff volume match";
Page 38

Working DRAFT [using 1.7.18]
1 (a) For projects designed to achieve runoff treatment, the required storm
2 depth shall be one inch.
3 (b) Applicants shall have the option to design projects to achieve runoff
4 volume match in lieu of runoff treatment.
5 (4) Stormwater runoff from off -site areas and "existing" impervious development
6 shall not be required to be treated in the stormwater control measure. Runoff from
7 off -site areas or "existing" impervious development that is not bypassed shall be
8 included in sizing of on -site stormwater control structures
9 (5) Stormwater outlets shall be designed so that they do not cause erosion
10 downslope of the discharge point during the peak flow from the 10-year storm event
11 as shown by engineering calculations.
12 (c) Stormwater Maintenance Plans.
13 Operation and maintenance agreements and plans are required for stormwater
14 control measures in accordance with 15A NCAC 02H .1050. As such, the developer
15 shall submit an operation and maintenance plan or manual for each stormwater
16 control measure, indicating what operation and maintenance actions are needed,
17 what specific quantitative criteria will be used for determining when those actions
18 are to be taken and, consistent with the Operation and Maintenance Agreement
19 specifications outlined in Section 22-112 of this Chapter, who is responsible for
20 those actions. The plan shall clearly indicate the steps that will be taken for
21 restoring a stormwater control measure to design specifications if a failure occurs.
22 The plan shall also include a plat of the area containing the stormwater control
23 measure and any easements necessary for general access to the stormwater control
24 measure along with vegetative filters, all pipes and water control structures, berms,
25 dikes, etc., and sufficient area to perform inspections, maintenance, repairs, and
26 reconstruction.
27
28 Plan Amendments. At the request of the owning entity, amendments to the plans
29 and specifications of the stormwater control measure and/or the operation and
30 maintenance plan or manual may be considered by the Subdivision Review
31 Committee (SRC). Proposed amendment(s) shall be prepared by a North Carolina
32 registered design professional (engineer, land surveyor, soil scientist or landscape
33 architect) working in their area of competence as prescribed by North Carolina
34 General Statutes and submitted for review by the Planning Department prior to the
35 Subdivision Review Committee.
36
37
38 (Amend. of 11-2-09)
39 Section 22-110. Other Requirements.
40 (a) Placement of Monuments.
41 Unless otherwise specified by this ordinance, the "Manual of Practice for Land Surveying"
42 as adopted by the North Carolina State Board of Registration for Professional Engineers
43 and Land Surveyors, under the provisions of Title 21 of the North Carolina Administrative
44 Code, Chapter 56 (21 NCAC 56), shall apply when conducting surveys for subdivisions; to
45 determine the accuracy for surveys and placement of monuments, control corners, markers,
46 and property corners ties; to determine the location, design and material of monuments,
47 markers, control corners, and property corners ties; and to determine other standards and
48 procedures governing the practice of land surveying for subdivision.
Page 39

Working DRAFT [using 1.7.18]
1 (b) Construction Procedures.
2 No construction or installation of improvements shall commence in a proposed subdivision
3 until the preliminary plat has been approved, and all plans and specifications have been
4 approved by the appropriate authorities.
5 No building, zoning or other permits shall be issued for erection of a structure on any lot not
6 of record as of the time of adoption of this ordinance until all requirements of this ordinance
7 have been met. The subdivider, before commencing any work within the subdivision, shall
8 make arrangements with the administrator of this ordinance to provide for adequate
9 inspection. The approving authorities having jurisdiction or their representatives shall
10 inspect and approve all completed work before release of the sureties.
11 (c) Oversized Improvements
12 The County may require installation of certain oversized utilities or the extension of utilities
13 to adjacent property when it is in the interest of future development. If the County requires
14 the installation of improvements more than of the standards required in this ordinance,
15 including all standards adopted by reference, the County shall pay the cost differential
16 between the improvements required and the standards in this ordinance. The County may
17 recoup this cost through acreage fees as set forth in the adopted policy of acreage fee
18 charges for connections to the County utility system or be reimbursed by a municipality or
19 by a municipality's utility system.
20 Section 22-111. Water Point Sources.
21 (a) Generally.
22 As a basis for evaluating the quality of public fire protection services throughout the United
23 States, Insurance Services Office (ISO) analyzes the relevant data in a community and
24 assigns a Public Protection Classification (PPC) number ranging from 1 to 10. Class 1
25 represents exemplary fire protection and Class 10 indicates that the area's fire protection
26 program does not meet ISO's minimum standards. In turn, this PPC number is used by
27 insurance providers to assist in developing premiums that reflect the risk of loss in a
28 particular location.
29 (b) Purpose and Intent.
30 Rowan County recognizes the importance of adequate fire protection for its citizens and
31 further acknowledges there is a correlation between the development of major subdivisions
32 and their potential impact on a fire department's ability to maintain and provide adequate fire
33 protection for the existing and proposed structures in their respective jurisdiction. Rowan
34 County has fire districts with PPC ratings ranging from 6 to 9S. The objectives contained in
35 this article are designed to accomplish a goal established by the Board of Commissioners
36 for the fire districts to achieve and maintain a PPC rating of 6.
37 Based on ISO standards, a district's PPC rating is based upon the department's fire alarm
38 and communication system; its equipment, staffing and training; and water supply system.
39 Furthermore, without a water supply system that is able to deliver two hundred fifty (250)
40 gallons per minute for a two-hour period, a district may not attain a rating of Class 8 or
41 better.
42 (c) Provision for Requirement and Standards.
43 Major subdivision proposals equal to or greater than fourteen (14) lots are subject to the
44 requirements of this ordinance, in which all lots must be located within one (1) road mile of a
45 water point source as certified by the Rowan County Fire Marshal and the chief of the fire
Page 40

Working DRAFT [using 1.7.18]
1 department having jurisdiction, otherwise the subdivider shall be responsible for providing or
2 participating with the fire department with responding jurisdiction in installation of a water
3 point source. Provision of a water point source shall be by one of the following methods:
4 1. Municipal water supply system. Connections to a municipal water supply system shall
5 be in accordance with sections 22-102 and 22-106 of this ordinance. Hydrant type(s)
6 and placement(s) shall be as specified by Appendix C of the N.C. State Building Code:
7 Fire Code.
8 2. In -ground cistern or aboveground water tank. Installation of a cistern or aboveground
9 tank must be provided at a location in, adjacent to or within one (1) road mile of all lots
10 in a proposed major subdivision. The cistern or tank should hold a minimum of thirty
11 thousand (30,000) usable gallons and be designed, constructed, installed and
12 maintained in accordance with NFPA 22.
13 3. Pond. Construction of a pond must be provided at a location in, adjacent to or within
14 one (1) road mile of all lots in the proposed subdivision. Construction of the pond and
15 installation/use of a float dock or dry hydrant for drafting of water shall be in accordance
16 with standards and practices of NFPA 1142. The pond must have the capacity to
17 maintain in excess of thirty thousand (30,000) gallons as certified by a certified
18 hydrologist, professional engineer, or a staff member of the Rowan County Soil and
19 Water Conservation District to account for seasonal variations and water
20 availability/sediment below the strainer and/or be able to withstand a 50-year drought as
21 certified by a certified hydrologist, professional engineer or a staff member of the
22 Rowan County Soil and Water Conservation District. Ponds created through use of
23 existing streams or by continuous fill from a ground water well, must also obtain the
24 drought tolerance certification from any of the aforementioned sources.
25 (d) Responsibility for Installation.
26 Responsibility for installation of a water point source for projects subject to the provisions of
27 section 22-111(c) of this article are based on the following principles:
28 1. Without provision of a water point source, major subdivision proposals located in fire
29 districts with a PPC rating of 8 or less will adversely affect the PPC rating of said
30 district. As such, a water point source shall be provided at the expense of the
31 subdivider. Installation, inspections and certifications required to comply with NFPA 22
32 and 1142 (as applicable) will be the responsibility of the subdivider.
33 2. Without provision of a water point source, major subdivision proposals located in fire
34 districts with a PPC rating of 9 or 9S will not necessarily affect the PPC rating of said
35 district. However, the County recognizes the importance of adequate fire protection for
36 its citizens and providing water point sources is an accepted method for limiting
37 property damage and saving lives in the event of fires. To this end, the subdivider and
38 fire department having jurisdiction shall equally share in the costs for installation,
39 inspections and certifications for the minimum standards as may be required to comply
40 with NFPA 22 and 1142 (as applicable) of providing the water point source, unless the
41 subdivider waives the fire department's participation requirement. For purposes of this
42 section, cost participation of the fire department shall not include land or easement
43 purchase costs nor shall equal participation of the subdivider be diminished by a value
44 (assumed or established) of the lot or easement containing the water point source.
45 (e) Maintenance Requirements For Water Point Source
46 In the event a water point source will not be deeded to or accepted by the county or
47 the fire department having responding jurisdiction, maintenance of the grounds (lot
Page 41

Working DRAFT [using 1.7.18]
1 or easement area) surrounding the water point source shall be the responsibility of
2 the property owner or the subdivider until such time a homeowners association or
3 similar legal entity has assumed authority for enforcing the recorded covenants. All
4 powers and duties for enforcing the maintenance of the grounds as allowed by this
5 subsection shall be the same as those specified in section 22-58(f) of this ordinance.
6 Maintenance of the mechanical and nonmechanical components of the water point
7 source shall be the responsibility of the fire department having jurisdiction.
9 (Amend. of 7-16-07(2); Amend. of 6-16-08)
10 Section 22-112. Stormwater Control Measures: Operation, Maintenance and
11 Inspections
12 (a) Operation.
13 Prior to receiving any related final subdivision plat or zoning approvals authorizing
14 the sale or conveyance of lots and, or occupancy of buildings, the stormwater
15 control measure(s) shall be inspected by the Planning Department after it is notified
16 by the developer that all work has been completed. Prior to this inspection, the
17 developer shall provide:
18 1. A copy of the operation and maintenance agreement or manual, the deed,
19 related easements and survey plat (as applicable) for the stormwater control
20 measure ready for Planning Department review prior to filing with the Rowan
21 County Register of Deeds; and,
22 2. A certification sealed by an engineer or landscape architect (to the extent
23 that the General Statutes, Chapter 89A, allow) stating that the stormwater
24 control measure is complete and consistent with the approved plans and
25 specifications for said structure.
26 If inspection by the Planning Department finds the measure completed in accordance
27 with the plans approved pursuant to Section 22-109(b) of this Chapter and the items
28 in (a)(1) and (2) of this Section are in compliance, the owning entity shall file the
29 items in (a)(1) of this Section with the Rowan County Register of Deeds.
30 (b) Maintenance.
31 Landscaping and grounds management shall be the responsibility of the owning
32 entity. However, vegetation shall not be established or allowed to mature to the
33 extent that the integrity of the control measure is diminished or threatened, or to the
34 extent of interfering with any easement or access to the stormwater control measure.
35 (c) Repair or Reconstruction.
36 Except for general landscaping and grounds management, the developer or owning
37 entity shall notify Rowan County Planning Department prior to any repair or
38 reconstruction of the stormwater control measure. All improvements shall be made
39 consistent with the approved plans and specifications of the stormwater control
40 measure and the operation and maintenance plan or manual. After notification and
41 documentation provided by the developer or owning entity that repairs or
42 reconstruction have been certified as completed by an NC Registered Professional
43 Engineer, Rowan County Planning Department shall have the opportunity to inspect
44 the completed improvements and inform the developer or owning entity of any
45 required additions, changes, or modifications and of the time period to complete said
46 improvements.
47 (d) Inspections.
48 1. Annual Inspections. All stormwater control measures shall be inspected by a
49 North Carolina registered professional engineer at least once on an annual basis to
50 determine whether the measures are performing as designed and intended. Records
Page 42

Working DRAFT [using 1.7.18]
1 of inspection shall be maintained on forms available from the Rowan County
2 Planning Department. Annual inspections shall begin within one year following the
3 date for recordation of the operation and maintenance agreement or plan with the
4 Rowan County Register of Deeds office for the stormwater control measure.
5 2. Corrective Actions. In the event the Planning Department discovers the need for
6 corrective action or improvements, the owning entity shall be notified of the needed
7 improvements and the date by which the corrective action is to be completed. All
8 improvements shall be made consistent with the plans and specifications of the
9 stormwater control measure and the operation maintenance plan or manual. After
10 notification by the owning entity, the Planning Department or its designee shall
11 inspect and approve the completed improvements.
12 3. Responsibility for Inspections. Rowan County shall exercise ultimate authority
13 for operation and maintenance of stormwater control measures approved pursuant
14 to the high density development standards for water supply watersheds contained in
15 Section 21-33 (2)(f) of the Rowan County Zoning Ordinance. In doing so, the County
16 shall require the owners of stormwater control measures to be inspected by a North
17 Carolina registered professional engineer at least once during successive twelve (12)
18 month periods following the date of recordation for the operation and maintenance
19 agreement or plan with the Rowan County Register of Deeds office. These required
20 annual inspections shall insure the stormwater control measures are performing as
21 designed and intended. Completed inspection reports shall be submitted to the
22 Rowan County Planning Department on forms available from the same.
23 4. Enforcement. If at any time, an inspection reveals that a stormwater control
24 measure is not performing as designed and intended, Rowan County shall inform the
25 owning entity of the need for corrective action. Failure to take corrective action(s) on
26 the part of the owning entity may subject them to enforcement provisions of Section
27 22-152 of this Chapter or any other equitable remedy in accordance with applicable
28 North Carolina law.
29 Secs 22-442113-22-125. Reserved.
30 ARTICLE VI. SCHEDULE OF FEES
31 Section 22-126. Fee Schedule.
32 The Rowan County Board of Commissioners shall approve a fee schedule for the
33 administration of this ordinance. These fees shall be nonrefundable except in cases of
34 administrative error. The fee schedule approved by the Board of Commissioners shall be kept
35 on file with the Clerk to the Board of Commissioners.
36 Secs 22-127-22-150. Reserved.
37 ARTICLE VII. LEGAL PROVISIONS
38 Section 22-151. Penalties for Violation.
39 After the effective date of this ordinance, any person who, being the owner or agent of the
40 owner of any land located within the territorial jurisdiction of this ordinance, thereafter
41 subdivides his land in violation of this ordinance or transfers or sells land by reference to
42 exhibition of, or any other use of a plat showing a subdivision of land before the plat has been
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1 properly approved under the terms of this ordinance and recorded in the office of the Rowan
2 County Register of Deeds, shall be guilty of a misdemeanor.
3 The description by metes and bounds in the instrument of transfer or other document used in
4 the process of selling or transferring land shall not exempt the transaction from this penalty.
5 The County through its attorney or other official designated by the Board of Commissioners
6 may enjoin an illegal subdivision, transfer or sale of land by action for injunction. Further,
7 violators of this ordinance shall be subject, upon conviction, to fine and/or imprisonment as
8 provided by G.S. 14-4.
9 In addition to the penalty as established above, and the remedies provided by other provisions
10 of this ordinance, this ordinance may be enforced by an appropriate equitable remedy provided
11 in G.S. 153A-123, including, but not limited to, all appropriate equitable remedies issued from a
12 court of competent jurisdiction as provided in G.S. 153A-123(d) and the remedy of injunction
13 and order of abatement as allowed by G.S. 153A-123(e).
14 Section 22-152. Civil Penalties.
15 In addition to other remedies cited in this ordinance for the enforcement of these provisions,
16 this ordinance may be enforced through the issuance of citations by Rowan County. These
17 citations shall be in the form of a civil penalty. The county may recover this penalty within
18 seventy-two (72) hours after issuing a citation for a violation. In addition, failure to pay the civil
19 penalty may subject the owner to civil action in the nature if debt of the penalty is not paid in the
20 prescribed period of time.
21 The following civil penalties are established for violations under this ordinance. Upon issuance
22 of a warning citation, first citation or second citation the owner or developer shall have seven
23 (7) days to correct the violation or make satisfactory progress to correct the violation before
24 additional penalties are assessed. Upon issuance of the third citation each additional day's
25 violation is a separate and distinct offense and shall incur an additional one -hundred -dollar fine.
26
Warning Citation No Penalties
First Citation $25.00
Second Citation for the same offense $50.00
39 Third and Subsequent violations for the same offense $100.00
29 Section 22-153. Separability.
30 Should any section or provision of this ordinance be decided by a court of competent
31 jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the
32 ordinance as a whole or any part thereof other than the part so declared to be unconstitutional
33 or invalid.
34 Section 22-154. Amendments.
35 The standards of this ordinance may be amended in accordance with Article XIV, Section 21-
36 361 of the Zoning Ordinance.
37 (Amend. of 2-20-06(2))
38 Section 22-155. Abrogation.
39 It is not intended that this ordinance repeal, abrogate, annul, impair, or interfere with any
40 existing easements, covenants deed restriction, agreements, rules, regulations, or permits
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I previously adopted or issued pursuant to law. However,
2 restrictions, the provisions of this ordinance shall govern.
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where this ordinance imposes greater