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                  LARGE SCALE RESIDENTIAL DEVELOPMENT ORDINANCE

                                  1984

                                    6ARGE SCALE RESIDENTIAL DEVELOPMENT

                                                      OF

                                        CRAVEN COUNTY, NORTH CAROLINA

                      The preparation of this document was financed in part through a
                      grant provided by the North Carolina Coastal Management Program,
                      through funds provided by the Coastal Zone Management Act of 1972,
                      as amended, which is administered by the Office of Ocean and
                      Coastal Resources Management, National Oceanic and Atmospheric
                      Administratione

                                                    1984

                                                   Table of Contents                              Page

                    I. General     . . . . . . . . . . . . . . . . . . . . . . . . . . . .              1

                        A. Title     . . . . . . . . . . . . . . . . .                                   1

                        B.   Authority   . . . . . . . . . . . .                                         1

                        C.   Purpose  .  . . . . . . . . .                                               1

                        D.  Substance                                                                    1

                        E.   Objectives     . . . . .    .   . .          . . . . . . . . .      2

                   II. Procedure for Site     Plan Approval    . .                                      5

                        A. Sketch Plan      . . . . . .                                                 5

                             1. Contents .                             . . . . . .                      5

                             2. Review .                                . .      . .                    6

                       B. Site Plan    . . . . . . . . . .     .  . . .                                 6

                            1. Submission and Contents       . .   . . . .                      6

                            2. Certification .                                                  13

                            3.  Review   . . .                                                  15

                                a. Review by Other Agencies    .                                15

                                b. Review by the Planning Board   .  .   . . . . . . .          15

                                c. Review by the Board of Commissioners         . .  . . .      16

                                d. Approval, Time Limitations, Amendments .  .                  17

                 III. Standards        . . . . . .   . . . . . . . . .                        19

                        A. Reference Points     . . . . . . . .  . . . .                      19

                        B. General Standards                                                  20

                        C. Suitability of Land                                                24

                        D.Surface Water Drainage      . . . . .   . . . .  . .       . .      24

                                                             ii

                                                                                                      Page

                         E.   Development Name   . . . . . . .                                         26

                         F.   Street/Road Names and Signs                                              26

                         G.   Solid Waste Collection                            . . .                  26

                         H.   Utility and Other Easements                                              26

                         I.   Water and Sanitary Sewer Systems                                         27

                         J.   Streets                                                                  27

                         K.   Densities                                                                30

                   IV.   Administration and Enforcement     . . . . . . . . .                          31

                         A.   Records, Minutes, Etc., Budgetary Requirements                           31

                         B.   Amendments .                                                             31

                         C.   Conflict with the Craven County Code .  .                                31

                         D.   Fees .                                                                   31

                         E.   Violations  . . . . . .    . . . . .                                     31

                                                  iii

                A.   Title                       I. GENERAL

                     This ordinance shall be known as the Large Scale Residential Development

                     Ordinance of Craven County.

                B.   Authority

                     The Board of Commissioners of Craven County do hereby adopt this ordi-

                     nance under the authority of the General Statutes of North Carolina.

                C.   Purpose

                     The purpose of this ordinance is to establish procedures and standards

                     for the development of real estate within the county to protect the
        60
                     health, safety and general welfare and to, among other things, ensure

                     proper legal description, identification, monumentation and recordation

                     of real estate boundaries; further the orderly layout and appropriate use

                     of land; provide safe, convenient and economic circulation of vehicular

                     traffic; provide suitable building sites which drain properly and are

                     readily accessible to emergency vehicles; assure the proper installation

                     and maintenance of roads and utilities; and help conserve and protect the

                     physical and economic resources of the county.

                D.   Substance

                     1. Any development which will result in the construction of more than

                         four dwelling units must have a Site Plan for that development

                         approved by the Board of Commissioners in accordance with the terms

                         of this Ordinance before the construction of any of the improvements

                         in the development may be started and before a building permit for

                         any of the structures contained within the development may be

                         issued.

                     2. No development which contains more than four dwelling units, the

                         construction of which was started after the adoption of this

                         Ordinance, may be used or occupied until a Certificate of Occupancy

                         has been lawfully issued which includes a finding by the Administra@-

                         tor of this Ordinance that the development and the structures within

                         it comply with the provisions of this Ordinance and that the develop-

                         ment and structures were built in compliance with a Site Plan

                         approved by the Board of Commissioners in accordance with the terms

                         of this Ordinance.

                     3.  If the proposed development involves the subdivision of land, those

                         aspects of the development must comply with the provisions of the

                         Subdivision Ordinance of Craven County.

                E.   Objectives

                     In reviewing a Site Plan the Planning Board and the Board of Commis-

                     sioners shall consider the health, safety and welfare of the public

                     in general and the immediate neighborhood in particular, and may pre-

                     scribe reasonable conditions and safeguards to ensure the accomplishment

                     of the following general objectives:

                     1. Land Use Plan. The Site Plan shall be in conformance with the Land

                         Use Plan.

                     2.  Public Safety. All buildings, structures, equipment, and material

                         shall be readily accessible for fire and police protection.

                     3.  Traffic Access. All proposed traffic accessways shall not create

                         traffic hazards and shall be adequate in number; adequate in width,

                         grade, alignment, and visiblity; adequate in distance from street

                         corners, places of public assembly and other accessways; and adequate

                         in design for other similar safety considerations.

                                                      2

                     4. Circulation and Parking. Adequate off-street   parking and loading

                         spaces shall be provided to prevent on-street traffic congestion; all

                         parking spaces, maneuvering areas, entrances, and exits shall be

                         suitably identified; the interior circulation shall be designed to

                         provide safe and convenient access to all structures, and/or parking

                         spaces; and pedestrian movement within and adjacent to the property

                         is encouraged by the installation of sidewalks, paths, and walkways.

                     5.  Landscaping and Screening. The landscaping of the site shall comply

                         with the purpose and intent of this ordinance; existing trees shall

                         be preserved to the maximum extent possible; and parking and service

                         areas shall be suitably screened during all seasons of the year from

                         the view of adjacent residential districts, and public rights-

                         of-way.

                     7.  Public Health. All utility systems shall be suitably located,

                         adequately designed, and properly installed to serve the proposed

                         development, to protect the property and adjacent areas from adverse

                         air, water, or land pollution, and to preserve and enhance the

                         environmental quality of the surrounding neighborhood.

                     8.  Environmental Features. The development of the site shall preserve

                         sensitive environmental land and water features such as slopes and

                         wetlands and preserve scenic views, historically significant

                         features, and Areas of Environmental Concern designated under

                         authority of the Coastal Area Management Act.

                     9.  Neighborhood Character. The location and size, of any proposed use,

                         building or structure, as well as the nature and intensity of opera-

                         tions involved in or conducted in connection therewith, shall be in

                                                      3

                         general harmony with the character of the surrounding neighborhood,

                         and shall not be hazardous or otherwise detrimental to the appro-

                         priate and orderly development or use of any adjacent land, build-

                         ing, or structure. Buffer strips or areas, such as planting, berms,

                         fencing and the like, may be required to accomplish this.

                                                      4

                A.   Sketch Plan    II. PROCEDURE FOR SITE PLAN APPROVAL

                     1. Contents. The developer shall submit to the Planning Board, at least

                         fifteen (15) days prior to a regularly scheduled meeting of the

                         Planning Board, ten (10) copies of a sketch plan of the proposed

                         development containing the following information:

                         a. A sketch map of the vicinity of the proposed development showing

                             its location in relation to neighboring tracts, subdivisions,

                             roads, and waterways;

                         b.  The boundaries of the entire tract in common ownership and the

                             portion of the tract to be developed;

                         C.  The total acreage to be developed;

                         d.  The existing and propose d buildings and use of land within the

                             development and the existing buildings and uses of land adjoining

                             it;

                         e.  The proposed street layout with approximate pavement and right-

                             of-way width, parking areas and, if applicable, lot layout and

                             size of lots;

                         f.  The name, address, and telephone number of the owner and, if

                             applicable, a written and acknowledged statement of the owner

                             designating the developer or other person to act as his agent for

                             the submission of the Site Plan;

                         g.  The name, if any, of the proposed development;

                         h.  Streets and lots of adjacent developed or platted properties;

                                                      5

                         i. If applicable, the zoning classification of the tract and of

                             adjacent properties;

                         j. The location and type of Areas of Environmental Concern in the

                             tract to be developed and in adjacent tracts;

                         k. The general soil conditions on the tract.

                     2.  Review. The Planning Board shall review the sketch plan for general

                         compliance with the requirements of this ordinance and other appli-

                         cable policies.

                B.   Site Plan

                     1. Submission and Contents. After the Planning Board has reviewed the
                         sketch plan, the developer shall submit to the Planning Board, at-

                         least fifteen (15) days prior to a regularly scheduled meeting of the

                         Planning Board, fifteen copies of a Site Plan of the development at a

                         scale of one inch to one hundred feet, drawn on a sheet or sheets not

                         more than twenty-four by thirty-six inches nor less than eight and a

                         half by fourteen inches and shall have a half-inch border.

                             The Site Plan shall be prepared by a professional engineer or

                         land surveyor currently licensed or registered by the North Carolina

                         State Board of Registration for Professional Engineers and Land

                         Surveyors and shall show or have attached to it a document showing

                         the following information:

                         a.  Title Block containing:

                             - Property Designation

                             - Name of owner

                             - Location, including township, county and state

                             - Date or dates survey was conducted and plan prepared

                                                      6

                             - A scale of drawing in feet per inch listed in words, figures,

                               and a bar graph.

                             - Name, address, registration number and seal of the land

                               surveyor and/or professional engineer.

                         b.  A map of the area within approximately one-half mile of the

                             proposed development showing the relationship between the

                             proposed development and the surrounding area.

                         c.  Corporate limits, township boundaries, county lines if on the

                             development tract.

                         d.  The names, titles, firm association, addresses, and telephone

                             numbers of all owners, developers, mortgagees, planners,

                             architects, landscape architects, and engineers responsible for

                             the development as well as the registration numbers and seals of

                             the professional engineers and land surveyors.

                         e.  North arrow and orientation.

                         f.  Boundary lines of and within the tract to be developed, fully

                             dimensioned by the lengths and bearings, and the location of

                             existing boundary lines of adjoining lands.

                         g.  The names of owners of adjoining properties.

                         h.  The names of any adjoining developments, subdivisions of record,

                             proposed or under review.

                         io  Minimum building setback lines, front, side and rear, if

                             applicable.

                         J.  The zoning classifications of the tract to be developed and

                             adjoining properties (if area is not zoned, that shall be

                             indicated).

                                                      7

                         k. Existing buildings or other structures, water courses, bridges,

                             culverts, storm drains, both on the land to be developed and land

                             adjoining.

                         1.  Sufficient information to show how the physical improvements

                             associated with the proposed development relate to existing or

                             proposed development on adjacent properties.

                         M.  Proposed lot lines, lot and block numbers, and dimensions.

                         n.  Wooded areas, marshes, swamps, mean high tide lines, vegetation

                             lines, ponds or lakes, streams or streambeds and any other

                             natural features including Areas of Environmental Concern

                             existing on or affecting the site.

                         0.  Flood hazard and floodway areas.

                         p.  The following data concerning streets:

                             - Proposed streets

                             - Existing and platted streets on adjoining properties and in

                               in the proposed development

                             - Rights-of-way, location and dimensions

                             - Pavement widths

                             - Approximate,grades

                             - Design engineering data for all corners and curves

                             - Typical st:reet cross sections

                             - Street names

                             - Type of street dedication; all streets must be designated

                               either "public" or "private"

                             - Appropriate documents dealing with ownership and maintenance of

                               public and private streets.

                                                      8

                         q. The location and dimensions of all:

                             - Riding trails

                             - Natural buffer areas

                             - Pedestrian or bicycle paths.

                         r.  The proposed location, general use, dimensions, number of floors,

                             height and the net and gross floor area for each building and,

                             where applicable, the number, size and type of dwelling units.

                             - Parks and recreation areas with specific type indicated

                             - School sites

                             - Areas to be dedicated to or reserved for public use

                             - Areas to be used for,purposes other than residential with the

                               purpose of each stated

                             - The proposed ownership and maintenance of recreation and open

                               space lands, trails, paths, etc.

                         a.  The plans for utility layouts including:

                             - Sanitary sewers

                             - Storm sewers

                             - Other drainage facilities

                             - Water distribution lines

                             - Natural gas lines

                             - Telephone lines

                             - Electric lines

                             - Cable television lines

                             - Utility easements

                             - Illustrative connections to existing systems, line sizes, the

                               location of fire hydrants, blowoffs, manholes, force mains and

                               gate valves, etc.

                                                       9

                         t. Plans for individual water supply and sewage disposal systems.

                         u.  Profiles based upon mean sea level datum for sanitary sewers and

                             storm sewers

                         v.  Site calculations including:

                             - Acreage in the entire tract

                             - Acreage in the portion of the tract to be developed

                             - Acreage in parks and recreation areas, Areas of Environmental

                               Concern, and other non-residential uses, by category

                             - Total number of parcels created

                             - Linear feet in streets

                             - Number of dwelling units, square footage, and bedrooms

                               Number and square footage of other buildings

                         w.  The name and location of any property or buildings within the

                             proposed development or within any contiguous property that is

                             located on the U.S. Department of Interior's National Register of

                             Historic Places.

                         x.  Sufficient engineering data to determine readily and reproduce on

                             the ground every straight or curved line, street line, lot line,

                             right-of-way line, easement line, and set-back line, including

                             dimensions, bearings, or deflection angles, radii, central

                             angles, and tangent distance for the center line or curved

                             property lines that are not the boundary line of curved streets.

                             All dimensions shall be measured to the nearest one-tenth of a

                             foot and all angles to the nearest minute.

                         Y.  The accurate locations and descriptions of all monuments,

                             elevations, markers and control points.

                         z. A copy of any proposed deed restrictions or similar covenants.

                                                      10

                          aa. A copy of the document or documents for the creation and

                               continued operation of the home owners, land owners, or similar

                               association of the consumers of the development.

                          bb.  Topographic map when it is determined by the Planning Board that

                               one is needed, with contour intervals and scale as determined by

                               the Planning Board.

                          cc.  Approximate boundaries of all Areas of Environmental Concern

                               designated in accordance with the Coastal Area Management Act of

                               1974.

                          dd.  If any portion of the development is within an Area of

                               Environmental Concern, the following shall be placed on the

                               plan:

                                     Some portions of this development are located
                                     in Areas of Environmental Concern. Individual
                                     permits may be required before development may
                                     take place in these areas.

                          ee. All  certifications and approvals required by state law including

                               proof that when improved in accordance with the Site Plan the

                               public streets and roads will be eligible for inclusion in the

                               state system in accordance with Section 136-102.6 of the General

                               Statutes of North Carolina or, if private, will comply with the

                               same standards except for stipulated exceptions.

                          ff.  If the development is to be developed in phases, the boundaries

                               of each phase, the sequence in which each is to be developed,

                               and the relevant data for each.

                          gg.  Adequate traffic control devices along such vehicular travel

                               lanes or driveways to control parking on such.

                          hh.  Adequate drainage system for the disposition of storm and natural

                               waters to include, when required, storm water retention devices.

                                                          11

                        ii. Temporary and permanent erosion and sediment control measures.

                        jj. Location, type, line of sight distances, and complete dimensions

                             of vehicular entrances to the site.

                        kk.  Location, type, size, and height of fencing retaining walls, and

     M                       screen planting where required under the provisions of this

                             Ordinance.

                        11.  All off-street parking, loading spaces, and walkways, indicating

                             type of surfacing, size, angle of stalls, and width of aisles.

                        mm.  Figures indicating the following for the entire development and

                             for each phase of the development:

                             - Gross and net acreage

                             - Net density

                             - Buiding heights

                             - Amounts and percentages of the different categories of common

                               open space

                             - Number of parking spaces required and provided. If the

                               development is proposed to be developed in phases, all the

                               above figures shall be indicated for each phase. In addition,

                               the method(s) used to determine all the above shall be clearly

                               demonstrated.

                        un. An inventory and evaluation of the soil and water resources

                             within the proposed development.

                        oo.  If the development is within the service area of any public or

                             private water supply system, a statement from the chief executive

                             of the system indicating the ability of the system to serve the

                             proposed development and if the proposed development may be

                             connnected to that system.

                                                      12

                     2. Certification. The following signed and acknowledged certificates or

                         required portions thereof shall appear on all copies of the Site

                         Plan:

                                         Certificate of Ownership and Dedication

                             I hereby certify that I am the owner of the property shown and

                             described hereon, which is located in the County of Craven and

                             that I hereby adopt this Site Plan with my free consent, estab-

                             lish minimum building setback lines, and dedicate all streets,

                             alleys, walks, parks, and other sites and easements to public

                             or private use as noted. Furthermore, I hereby dedicate all

                             sanitary sewer, storm sewer and water lines to the County of

                             Craven.

                                   Date                                Owner

                                                         hereby certify that

                                                        personally appeared before me

                             this day and acknowledged the due execution of this

                             certificate. Witness my hand and official seal this the

                                   day of                   A.D. 19

                                                                 Signature

                                Official Seal
                             State of North Carolina                      Craven County

                                                      13

                                                          certify that this map was (drawn by

                             me) (drawn under my supervision) from (an actual survey made by

                             me) (an actual survey made under my supervision) (deed descrip-

                             tion recorded in Book      , Pag4@._, Book       5 Pag@__,

                             etc.) (other); that the ratio of precision as calculated by

                             latitudes and departure is 1: _ ; (that the boundaries not

                             surveyed are shown as broken lines plotted from information found

                             in Book      , Pag@_;) that this map was prepared in accord-

                             ance with G.S. 47-30, as amended; and that the prescribed

                             reference points have been properly placed. Witness my hand and

                             seal this      day of              A.D.

                                                           Registered Land Surveyor/
                                                             Professional Engineer

                                   Official Seal

                                                              Registration Number

                                                         hereby certify that

                                                        personally appeared before me

                             this day and acknowledged the due execution of this

                             certificate. Witness my hand and official seal this the

                                   day of                   A.D. 19      a

                                                                 Signature
                                Official Seal

                                                      14

                     3. Review

                         a. Review by Other Agencies. The Planning Board will submit the

                             Site Plan to the District Highway Engineer, the County Health

                             Director, the North Carolina Department of Archives and History,

                             and to other appropriate agencies including review necessary to

                             assure coordination with the North Carolina Coastal Management

                             Program and other offices of the County for their review and

                             recommendations.

                         b.  Review by the Planning Board

                             - During its review of the Site Plan, the Planning Board may,

                               with the consent of the Board of Commissioners, retain a

                               Registered Land Surveyor or Registered Engineer to verify the

                               accuracy of the Site Plan. If substantial errors or major

                               engineering problems are found, the costs of the services of

                               the surveyor or engineer shall be charged to the developer, and

                               the Site Plan shall not be recommended for approval by the

                               Planning Board until such errors or problems have been

                               corrected and the charges paid.

                             - After reviewing the Site Plan and considering any report and/or

                               recommendations received in addition to any comments which the

                               developer may have, the Planning Boad shall recommend to the

                               Board of Commissioners that the Site Plan be approved or

                               disapproved.

                             - If the Planning Board recommends disapproval of the Site Plan,

                               the reasons for such action shall be stated, and recommenda-

                               tions made on the basis of which the proposed development could

                               be approved.

                                                      15

                             - Failure of the Planning Board to act within forty-five days

                               after the Site Plan is submitted to the Planning Board shall

                               constitute a recommendation for approval by the Planning

                               Board.

                             - If the Planning Board recommends approval of the Site Plan, the

                               Chairman of the Planning Board shall execute the following

                               certificate and transmit the Site Plan to the Board of

                               Commissioners for their consideration:

                                    The Craven County Planning Board has reviewed this Site

                                    Plan and recommends its approval by the Board of

                                    Commissioners*

                                         Date                     Chairman, Craven County
                                                                       Planning Board

                         c. Review by Board of Commissioners

                             - The Board of Commissioners shall approve or disapprove the Site

                               Plan. '

                             - If the Board of Commissioners disapproves the Site Plan, the

                               reasons for such action shall be stated and recommendations

                               made on the basis of which the proposed development could be

                               approved.

                               Failure of the Board of Commissioners to act within forty-five

                               days after the Site Plan has been forwarded to them by the

                               Planning Board shall constitute approval by the Board of

                               Commissioners.

                                                      16

                               If the Board of Commissioners approves the Site Plan, two

                               copies of the Plan shall be certified as followst

                                    The Craven County Board of Commissioners hereby approves

                                    this Site Plan.

                                          Date                    Chairman, Craven County
                                                                   Board of Commissioners

                               One copy shall be returned to the developer, and one copy shall

                               be retained by the County.

                         d. Upon approval of  the Site Plan by the Board of Commissioners the

                             developer may proceed with the installation of improvements and

                             other development approved as a part of the Site Plan. If it is

                             determined by the Planning Board that development is taking place

                             in violation of the Site Plan and this Ordinance, the approval

                             shall be void. Any subsequent phases of a development shall not

                             be considered unless the previously approved phase is substan-

                             tially completed in accordance with the Site Plan and this

                             Ordinance.

                                  ift twelve months after the Site Plan has been approved by

                             the Board of Commissioners, the developer has not made substan-

                             tial progress with the installation of improvements as determined

                             by the Planning Board, the Site Plan shall be void.

                                  The Planning Board may grant an additional twelve (12)

                             months for the installation of improvements if the developer

                             applies for such extension in writing before the expiration of

                             the intial period and has begun to install the required improve-

                             ments and has made substantial progress in doing so. The

                                                      17

                             progress of required improvements must be verified by the

                             Planning Board.

                                  Application for Site Plan modifications or changes to an

                             approved Site Plan shall be made in the same manner as the

                             original application.

                                                      18

                                               III. STANDARDS

                Each development shall comply with the objectives and the standards of this

                ordinance as minimums and shall contain the improvements specified which shall

                be installed and paid for by the developer. Land shall be dedicated or

                reserved as required.

                A    Reference Points

                     Prior to the approval of the Site Plan, permanent reference points shall

                     have been placed in accordance with Sections 29-32.1 et seq. of the

                     General Statutes of North Carolina and the following requirements:

                     1. Corner tie. At least one corner of the development shall be desig-

                         nated by course and distance (tie) from a readily discernible refer-

                         ence marker.

                     2.  Monuments. Within each block of a development at least two monuments

                         designed as control corners shall be installed. Additional monuments

                         shall be used when necessary. Monuments shall be constructed of

                         concrete with steel reinforcing rods running their entire length and

                         shall be at least four inches in diameter or square and not less than

                         three feet in length. Each monument shall have imbedded in its top

                         or attached by a suitable means a metal plate of noncorrosive

                         material and marked plainly with the point, the surveyor's registra-

                         tion number and the words "monument" or "control corner." A monument

                         shall be set at least thirty inches in the ground with at least six

                         inches exposed above the ground, unless this requirement is imprac-

                         tical because of vehicular traffic or other factors. Elevation above

                                                      19

                         sea level shall be shown on the metal plate on at least one of the

                         monuments.

                B.   General Standards
                     1. The design of the development shall preserve tie natural terrain,

                         natural drainage, existing topsoil, trees and natural vegetation to

                         the maximum extent possible.

                     2.  All development shall be designed to minimize risk from natural

                         hazards, such as flooding, erosion, wind, storm surge, and wave

                         action.

                     3.  All developments shall locate and construct public utilities and

                         facilities such as sewer, gas, electrical and water systems to

                         minimize risk from flood, erosion and other natural hazards.

                     4.  All development, improvements, structures and utilities shall comply

                         with the applicable Areas of Environmental Concern (AEC) Standards

                         and any other rules promulgated pursuant to the Coastal Area

                         Management Act of 1974.

                     5.  Blocks. The lengths, widths, and shapo@s of blocks, the location of

                         buildings, recreational facilities, and other improvements, shall be

                         determined with due regard to: provision of adequate building sites

                         suitable to the special needs of the type of use contemplated;

                         requirements of the Zoning Ordinance of Craven County; needs for

                         vehicular and pedestrian circulation; control and safety of street

                         traffic; limitations and opportunities of topography; and convenient

                         access to water areas*

                              If there are more than four proposed structures fronting on a

                         highway, a frontage road may be required.

                                                      20

                             Where deemed necessary by the Planning Board, a pedestrian walk

                         may be required to provide convenient access to a public area such

                         as a park or school, to a water area, or to areas such as shopping

                         centers, religious or transportation facilities.

                     6.  Non-residential Building Sites and Structures. The size,    shape and

                         orientation of building sites and structrues for other than residerI7

                         tial purposes shall be such as the Planning Board deems appropriate

                         for the type of development and use contemplated.

                     7.  Buffers. Architectural and landscape elements that provide a logical

                         transition to adjoining existing or permitted uses shall be

                         provided.

                     8.  Exterior Spatial Relationships. The three-dimensional airspace

                         created by the arrangement of structures and landscape shall produce

                         spatial relationships that function with the intended use and occu-

                         pancy of the project and are compatible with the development or zon-

                         ing in the adjoining area. Spacing between buildings shall provide

                         ample access for emergency equipment.

                     9.  Size. Size of proposed structures shall be compatible with

                         surrounding proposed or existing structures.

                     10. Circulation. Pedestrian and auto circulation shall be separatted

                         insofar as is practicable, and all circulation systems shall ade-

                         quately serve the needs of the develoment and be compatible and func-

                         tional with circulation systems outside the development.

                     11. Parking Areas. Parking areas shall include not less than 2.5 parking

                         spaces for each dwelling unit in the proposed development and shall

                         be designed to appropriately relate to the development, its environs,

                         and adjacent properties.

                                                       21

                    12. Storage Areas for Boats and Trailers. Storage areas for boats and

                         trailers shall be screened and designed to appropriately relate to

                         the development, its environs and adjacent properties. An adequate

                         number of spaces shall be provided based on the nature of the

                         development and the number of dwelling units but not less than one

                         for every three dwelling unit s.

                    13.  Trash Containers. Trash containers shall be screened and designed to

                         be conveniently accessible to their users.

                    14.  Landscape. Landscape shall be preserved in its natural state insofar

                         as is practicable by minimizing tree removal, grading and filling.

                         Landscape shall be used to enhance architectural features, visually

                         screen incompatible uses, and block noise generated by major roadways

                         and intense-use areas. Buffer strips or areas, such as planting,

                         berms, fencing and the like, may be required.

                    15.  Open Space. Open space and recreation area designations and reser-

                         vations may be required by the Planning Board to preserve natural

                         areas, stream beds, historic sites, wetlands, Areas of Environmental

                         Concern, and other similar areas. Such designations and reservations

                         of open space and'recreation area may be prescribed by easements,

                         reservations, dedication or other appropriate means. Flood plains,

                         flood hazard areas and areas within the regulatory flood zones may

                         be included in such reservations and designations. The developer

                         shall submit specific arrangements for the perpetual management and

                         responsibility of the designated open space and recreation area.

                    16.  Common Open Space. Com mon open spaces shall be provided, appropriate

                         to the needs of the particular type of development. Common open

                         space shall relate to any natural characteristics in such a way as to

                                                       22

                         preserve and enhance their scenic and functional qualities to the

                         fullest extent possible, shall be located and developed to be

                         accessible by all residents of the development, and clearly define

                         the physical structuring of the units.

                    17.  Private Open Space. Open space intended for the private use of each

                         individual dwelling unit should be located and designed to maximize

                         its utility to the dwelling unit it serves and maximize its privacy,

                         especially in relation to adjacent dwelling units.

                    18.  Privacy. Aural and visual privacy shall be considered in the design

                         of the development.

                    19.  Architectural Characteristics. Site design and building design

                         should minimize flood and storm damage.

                    20.  Energy and Water Conservation. The design of the site and buildings

                         shall reduce energy and water consumption.

                    21.  Purpose and Intent. The proposed development must fulfill the pur-

                         pose and intent of this ordinance.

                    22.  Any building over two stories in height shall be equipped with a
                         spriniker system in accordance with industry standards for the type of

                         structure, and each dwelling unit shall have two means of egress, one

                         of which shall be exterior, designed to be fire escapes.

                    23.  Planning Studies. Design or planning studies accepted or approved by

                         the Board of Commissioners that include development patterns or

                         environmental design criteria which apply to the development proposal

                         under review shall be utilized in the plan review process.

                    24.  Telephone, electric and cable television service within the

                         development shall be installed underground.

                                                       23

                C.   Suitability of Land

                     Areas that have been used for disposal of solid waste shall not be

                     developed unless tests by the County Health Department, a structural

                     engineer and a soils expert determine that the land is suitable for the

                     purpose proposed.

                         Land which the Planning Board finds to be unsuited for development

                     due to improper drainage, topography, soil characteristics, ground water

                     elevation, susceptibility to flooding or failure to meet the criteria of

                     Article 13C of Chapter 130 of the General Statutes of North Carolina

                     shall not be developed, unless adequate methods are utilized to correct

                     the unsuitable conditions or all the areal requirements of the ordinance

                     are met by each building site without including the unsuitable land in

                     the calculation. Any land-disturbing activity, as defined in Section

                     113A-52 of the General Statutes of North Carolina, shall be accomplished

                     in accordance with the requirements of Article 4 of Chapter 113A of the

                     General Statutes of North Carolina. Detailed information about the

                     suitability of the soil for development will be submitted by the

                     developer upon the request of the Planning Board.

               D.    Surface Water Drainage System

                     The developer shall provide a surface water drainage system which will

                     drain the entire development into an adequate outlet.

                     1. No surface water shall be channeled or directed into a sanitary

                        sewero

                     2. Where feasible, the developer shall connect to an existing storm

                        drainage system.

                                                      24

                     3. Where an existing storm drainage system cannot feasibly be extended

                         to the development, a surface drainage system shall be designed to

                         protect the proposed development from water damage.

                     4.  Surface drainage ditches shall be constructed according to the

                         standards of the U.S. Soil Conservation Service and the Craven County

                         Health Department and shall be of sufficient size to accommodate the

                         drainage area without flooding and be designed to comply with the

                         standards and specifications for erosion control of the North

                         Carolina Sedimentation Pollution Control Act.

                     5.  The maximum grade along the bottom of a surface drainage course shall

                         be a vertical fall of one (1) foot in each two hundred (200) feet of

                         horizontal distance.

                     6.  Streambanks and channels downstream from any land disturbing activity

                         shall be protected from increased degradation by accelerated erosion

                         caused by increased velocity of runoff from the land disturbing

                         activity in accordance with the North Carolina Sedimentation

                         Pollution Control Act.

                     7.  All dams or impoundments, regardless of size, within the development

                         must comply with the North carolina Dam Safety Law.

                     8.  All special flood hazard areas shall have adequate drainage to reduce

                         flood damage.

                     9.  Storm water drainage systems shall not empty directly or indirectly

                         into a nursery area as defined by the North Carolina Division of

                         Marine Fisheries or into any other similar saline estuary serving as

                         or supporting a nursery area.

                                                      25

                E.   Development Name

                     The name of the development shall not duplicate nor closely approximate

                     the name of an existing subdivision or development within Craven County.

                F.   Street/Road Names and Signs

                     Streets and roads shall be named and such names shall be indicated on

                     signs designed, constructed and placed in accordance with existing policy

                     of Craven County.

                G.   Solid Waste Collection

                     The Planning Board may require, for each twenty-five dwelling units, a

                     site, not exceeding four hundred (400) square feet, which is easily

                     accessible by conventional containerized waste collection vehicles, to

                     be reserved for the location of solid waste containers for solid waste

                     collection.

                         Each site shall be improved with pavement or other permanent material

                     to ensure unimpeded ingress and egress by waste collection vehicles.

                H.   Utility and Other Easements

                     Easements shall be provided as follows:

                     1. Easements for underground or above ground utilities shall be provided

                         where necessary, across lots or centered on rear or side lot lines

                         and shall be at least ten (10) feet wide for water and sanitary sewer

                         lines and as required by the utility companies involved, for

                         telephone, gas and power lines.

                             The Planning Board will determine whether one easement is

                         sufficient or whether several easements are necessary to accommodate

                         the various facilities and the developer shall provide the required

                         easements.

                                                      26

                      2. A crosswalk or accessway easement no less than eight (8) feet in

                          width shall be provided when such is required by the Planning Board.

                      3.  Where a development is traversed by a watercourse, drainage way,

                          channel or stream, there shall be provided a storm water easement or

                          drainage right-of-way conforming substantially with the lines of such

                          watercourse. The easement or right-of-way shall be sufficiently wide

                          to handle storm water flows and run off and shall include a twelve

                          foot wide maintenance accessway along one side which connects to a

                          public road at appropriate intervals.

                      Water and Sanitary Sewer Systems

                      Each building site shall be provided with an extension of the county

                      water system at the developer's expense if in the judgment of the

                      appropriate governing board there is adequate unused capacity in the

                      system to serve the development and if the Planning Board determines that

                      the existing system is sufficiently close to the development to make such

                      an extens ion feasible.

                          All building-sites not connected to municipal or county water and/or

                      sanitary sewer systems must have a suitable source of water  supply and

                      sanitary sewage disposal, which complies with the regulations of the

                      Craven County Health Department and with the applicable laws of North

                      Carolina.

                J*    Streets

                      1. Public Streets. All building sites shall abut on a public street,

                          except as provided in subsection two of this section. All public

                          streets shall be dedicated to the public and shall be built in

                          accordance with the standards necessary to be put on the state

                                                       27

                         highway system. An executed maintenance agreement with provisions

                         for maintenance of the street until it is put on the state highway

                         system shall be included with the final plat.

                     2.  Private Streets. The Board of Commissioners may permit building

                         sites to abut on private streets only on the recommendation of the

                         Planning Board following a determination by the Planning Board, in

                         which the Board of Commissioners concurs, that the protection of

                         environmental and/or aesthetic values would be best served by a

                         street and/or right-of-way which is narrower than required by the

                         North Carolina Department of Transportation. Private streets shall

                         be built to the standards of this ordinance and all other applicable

                         standards of the county and the North Carolina Department of Trans-

                         portation with the exception of the width, grading, and clearance of

                         the right-of-way and the width of the pavement required which may be

                         modified when doing so and only to the extent that doing so will

                         clearly protect environmental and/or aesthetic values and will not

                         endanger or diminish the public health, safety, and welfare as

                         determined by the Planning Board and the Board of Commissioners.

                             The ownership of the streets shall be conveyed to a home or lot

                         ownerst association or similar organization. The developer must

                         submit evidence that the ultimate owner of the streets will be

                         institutionally and fiscally capable of maintaining the streets and

                         rights-of-way to the specified standards in perpetuity. The devel-

                         oper must agree to maintain the streets until the owner organization

                         is fully functional and must agree to contribute to that organiza-

                         tion its share of the maintenance for that portion of the development

                         retained by the developer or successor. A copy of the maintenance

                         agreement shall be included with the Site Plan.

                                                       28

                             The Site Plan, the uniform covenants and each deed conveying

                         dwelling units or building sites in the development shall plainly

                         indicate that the streets are privately owned and their maintenance

                         is the responsibility of the owners organization in perpetuity.

                     3. Street Disclosure Statement. All streets shown on the Site Plan

                         shall be designated in accordance with North Carolina state law and

                         designation as public shall be conslusively presumed an offer of

                         dedication to the public. Where streets are dedicated to the public

                         but not accepted into the state highway system, a statement

                         explaining the status of the street shall be included with the Site

                         Plan.

                     4.  Conformity of Proposed Streets to Existing Maps or Plans. The loca-

                         tion and width of all proposed streets shall be in conformity with

                         official plans or maps of the County.

                     5.  Continuation of Existing Streets. The proposed street layout shall

                         be coordinated with the existing road system of the surrounding area

                         and where possible, existing principal streets shall be extended.

                     6.  Access to Adjacent Properties. Where in the opinion of the Planning

                         Board, it is desirable to provide access to an adjoining property,

                         street rights-of-way shall be dedicated to the public to the boundary

                         of such property.

                     7.  Nonresidential Streets. The subdivider of a nonresidential develop-

                         ment must provide streets in accordance with the appropriate North

                         Carolina Department of Transportation Standards and the standards in

                         this ordinance, whichever are stricter in regard to each particular

                         item.

                                                      29

                K.   Densities

                     1. Single family. All lots, or if the development is not subdivided

                         into lots the net acreage, and all spaces devoted or allocated to

                         single family dwelling units shall conform to any spatial

                         requirements (height, lot size, yard size, etc.) of the zoning

                         ordinance for the district within which it is located. If the area

                         in which the development is to be located is not zoned, then it shall

                         conform to the Spatial requirements of the subdivision ordinance.

                     2.  Multi-family structures. All lots, or if the development is not

                         subdivided into lots the net acreage, and all spaces devoted or

                         allocated to multi-family structures shall conform to the spatial

                         requirements of the zoning ordinance for the district within which it

                         is located. If the area in which the development is to be located is

                         not zoned, then it shall conform to the spatial requirements of the

                                      district of the zoning ordinance.

                                                      30

                                      IV. ADMUSTRATION AND ENFORCEMENT

                A.   Records, Minutes, Budgetary Requirements

                     The Board of Commissioners and the Planning Board shall provide for the

                     appropriate keeping of records, minutes and other proceedings held with

                     respect to the Planning Board's responsibility under the terms of this

                     ordinance, and the Board of Commissioners may provide for such budgetary

                     requirements as may be necessary in the administration of this

                     ordinance.

                B.   Amendments

                     This chapter may be amended from time to time by the Board of

                     Commissioners in accordance with the General Statutes of North Carolina.

                C.   Conflicts with the Craven County Code

                     Should the requirements of this ordinance conflict with other provisions

                     of the Craven County Code, the more stringent requirements shall prevail.

                D.   Fees

                     A fee of one hundred and fifty dollars, or fifteen dollars for each

                     dwelling unit in the proposed development, (whichever is greater) shall

                     be paid to the County at the time the Site Plan is submitted to the

                     Planning Board.

                E.   Violations

                     After the effective date of this ordinance any person who is the owner of

                     land within the territorial jurisdiction of this ordinance, or is the

                     agent of such owner, and who develops, or causes to be developed, any

                     part of that land in violation of this Ordinance shall be guilty of a

                                                      31

                      misdemeanor and, upon conviction, subject to fine and/or imprisonment as

                      provided by N.C.G.S. 14-4.

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