Large scale residential development of Craven County, North Carolina

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LARGE SCALE RESIDENTIAL DEVELOPMENT ORDINANCE

1984

6ARGE SCALE RESIDENTIAL DEVELOPMENT

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

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.

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

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.

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;

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

- 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).

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.

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.

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.

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.

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.

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

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

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.

- 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.

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

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.

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

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.

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.

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

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.

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.

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.

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.

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

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.

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.

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.

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

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

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

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