Subdivision Ordinance for Dare County, North Carolina Revisions proposed by the planning board of Dare County

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DARE COUNTY
SUBDIVISION ORDINANCE

FOR
DARE COUNTY, NORTH CAROLINA

REVISIONS PROPOSED

BY THE

PLANNING BOARD OF DARE COUNTY

JUNE 1982

COASTAL ZONE
INFORMATION CENTER

SUBDIVISION ORDINANCE

FOR

DARE COUNTY, NORTH CAROLINA

Revisions Proposed

by the

Planning Board of Dare County

Garrald "Pete" Covey
Sonny Daniels
David Lang
Elmer R. Midgette, Jr., Chairman
Frank Stone
Bill Wheeler

June 1982

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 Coastal Zone Management,
National Oceanic and Atmospheric Administration.

Table of Contents

Page

General . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

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

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

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

D. Substance . . . . . . . . . . . . . . . . . . . . . . . . . 1

Procedure for Subdivision Plat Approval . . . . . . . . . . . . 2

A. Sketch Plan . . . . . . . . . . . . . . . 0 . . . . . . . . 2

1. Contents . . . . . . . . . . . . 0 . . . . . . . . . . 2

2. Review . . . . . . . . o . . . . . . . 3

B. Preliminary Plat . . . . . . . . . . . 3

1. Submission and Contents . . . . . . . . . . . 3

2. Review . . . . . . . . . . . . . . . . . . . . . . 8

a. Review by Other Agencies . . . . . . . . . . . . . 8

b. Review by the Planning Board . . . . . . . . . . o 8

co Review by the Board of Commissioners . . . . . . . 9

C. Final Plat . . . . . . . . . . . . . . . . . . . . . . . o 9

1. Preparation of Final Plat and
Installation of Improvements o . o . . . . . . . . . 9

2. Submission . . . . . . . . . . . . . . . . . . . . . . 9

3o Certification . . . . . . . . . . . . . . . . . . . . 12

4. Review by the Planning Board . . . . . . . . . . . . . 14

Page

III. Standards . . . . . . . . . . . . . . . . . . . . 0 . . . . . . 16

A. Reference Points . . . . . . . . . . . . . . . . . . . . . 16

B. General Standards . . . . . . . . . . . . . . . . . . . . 17

C. Suitability of Land . . . . . . . . . s . * . * . . . . 20

D. Storm Water Drainage . . . . . . . . . . . . . . . . . . . 21

E. Subdivision Name . . . . . . . . . . . . . . . . 6 . . . . 22

F. Street/Road Names and Signs . . . . . . . . . o . o . . . . 22

G. Solid Waste Collection . . . . . . . . . . . . . . . . . . 22

H. Utility and Other Easements . . . . . . . . . . . . . . . . 22

I. Water and Sanitary Sewer Systems . . . . . . . . . . . . . 23

J. Streets . . . . . . . . . . . . . . . . . . . * . . . . . . 24

IV. Administration and Enforcement . . . . . . . . . . . . . . . . 28

A. Records, Minutes, Etc., Budgetary Requirements . . . . . . 28

B. Amendments . . . . . . . . . . . . . . . * . . . . . . 28

C. Conflict with the Dare County Code . . . . . 6 . . . . . . 28

D. Violations . . . . . . . . . . . . . . . . . . . . . . . . 28

V. Definitions . . . . . . . . . . . . . . . . . o . 6 . . . . . . 29

General

A. Title. This chapter shall be known as the Subdivision Ordinance of

Dare County.

B. Authority. The Board of Commissioners of Dare County do hereby adopt

this ordinance under the authority of the General Statutes of North

Carolina, Chapter 153A, Article 18, Part 2.

C. Purpose. The purpose of this chapter is to establish procedures

and standards for the development and subdivision of real estate

within the county in an effort 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 pro-

perly and are readily accessible to emergency vehicles; assure the

proper installation of roads and utilities; and help conserve and

protect the physical and economic resources of the county.

D. Substance. No plat of a subdivision of land within Dare County and

outside the subdivision jurisdiction of any municipality shall be

recorded by the Dare County Register of Deeds until a final plat of

the subdivision has been approved by the Planning Board of Dare

County.

II. Procedure for Subdivision Plat Approval

A. Sketch Plan

1. Contents. The subdivider 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 subdivision containing the following information:

(a) A sketch map of the vicinity of the proposed subdivision

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 subdivided;

(d) The existing and proposed uses of the land within the sub-

division and the existing uses of land adjoining it;

(e) The proposed street layout with approximate pavement and

right-of-way width, 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 subdivider or other person to act as

his agent for the submission of plats;

(g) The name, if any, of the proposed subdivision;

(h) Streets and lots of adjacent developed or platted proper-

ties;

(i) If applicable, the zoning classification of the tract and

of adjacent properties;

(j) A statement from the Dare County Health Department that a

copy of the sketch plan has been submitted to them.

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

general compliance with the requirements of this chapter and

other applicable policies and shall advise the subdivider of the

policies applicable to the proposed subdivision and the proce-

dures to be followed in the preparation and submission of the

preliminary and final plats.

One copy of the sketch plan.shall be retained for the files

of the Planning Board.

B. Preliminary Plat

1. Submission and Contents. After the Planning Board has reviewed

the sketch plan, the subdivider shall submit to the Planning

Board, at least fifteen (15) days prior to a regularly scheduled

meeting of the Planning Board, a preliminary plat of the sub-

division at a scale of one inch to one hundred feet, drawn on a

sheet eighteen inches by twenty-four inches or such other size

as may be required for recording by the Dare County Register of

Deeds. The preliminary plat shall be prepared by a professional

engineer or land surveyor currently licensed or registered by

the North Carolina State Board of Registration for Professional

Egnineers and Land Surveyors and shall show or have attached to

it a document showing the following information:

Title Block containing:

-Property designation

-Name of owner

-Location (including township, county and state)

-Date or dates survey was conducted and plat prepared

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

-Name, address, registration number and seal of the land
surveyor and/or professional engineer

A map of the vicinity of subdivision showing the relation-
ship between the proposed subdivision and surrounding area

Corporate limits, township boundaries, county lines if on
the subdivision tract

The names, titles, firm association, addresses, and tele-
phone numbers of all owners, subdividers, mortgagees, plan-
ners, architects, landscape architects, and engineerz
responsible for the subdivision

The registration numbers and seals of the professional
engineers and land surveyors

North arrow and orientation

Boundary lines of the tract to be subdivided, fully dimen-
sioned by lengths and bearings, and the location of exist-
ing boundary lines of adjoining lands

The names of owners of adjoining properties

The names of any adjoining subdivisions of record, proposed
or under review

Minimum building setback lines, front, side and rear

The zoning classifications of the tract to be subdivided
and adjoining properties (if area is not zoned, that shall
be indicated)

Existing property lines on the tract to be subdivided and
on adjoining properties

Existing buildings or other structures, water courses,
bridges, culverts, storm drains, both on the land to be
subdivided and land immediately adjoining.

Proposed lot lines, lot and block numbers, and approximate
dimensions

Lots numbered consecutively throughout the subdivision

Wooded areas, marshes, swamps, mean high tide line, vegeta-
tion line, primary and other dunes, ponds or lakes, streams
or streambeds and any other natural features affecting the
site

Flood hazard, floodway and floodway fringe areas

Base flood elevation data if available

The following data concerning streets:

-Proposed streets

-Existing and platted streets on adjoining properties
and in the proposed subdivision

-Rights-of-way, location and dimensions

-Pavement widths

-Approximate grades

-Design engineering data for all corners and curves

-Typical street cross sections

-Street names

-Type of street dedication; all streets must be desig-
nated either "public" or "private"

-Where streets are dedicated to the public, but not
accepted into the State system before lots are sold, a
statement explaining the status of the street and a
draft street maintenance agreement

The location and dimensions of all:

-Utility and other easements

-Riding trails

-Natural buffer areas

-Pedestrian or bicycle paths

-Parks and recreation areas with specific type indi-
cated

-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.

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

-and illustrative connections to existing systems,
line sizes, the location of fire hydrants,
blowoffs, manholes, force mains and gate valves, etc.

Plans for individual water supply and sewage disposal sys-
tems

Profiles based upon mean sea level datum for sanitary sew-
ers and storm sewers

Site calculations including:

-Acreage in total tract to be subdivided

-Acreage in parks and recreation areas, Areas of Envi-
ronmental Concern, and other non-residential uses, by
category

-Total number of parcels created

-Acreage in the smallest lot in the subdivision

-Linear feet in streets

The name and location of any property or buildings within
the proposed subdivision or within any contiguous property
that is located on the U.S. Department of Interior's
National Register of Historic Places

Sufficient engineering data to determine readily and repro-
duce 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.

The accurate locations and descriptions of all monuments,
elevations, markers and control points

A copy of any proposed deed restrictions or similar cove-
nants

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 subdivision

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

Boundaries of all Areas of Environmental Concern designated
in accordance with the Coastal Area Management Act of 1974

If any portion of any lot within the subdivision falls
within an Area of Environmental Concern the following
notice shall be placed on the face of the plat:

Some portions of some lots in this subdivision are
located in areas of environmental concern. Individual
permits may be required before development may take
place in these areas.

All certifications and approvals required by state law
including proof that when improved in accordance with the
preliminary plat the public streets and roads will be eli-
gible 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

If the subdivision is to be developed in phases, the bound-
aries of each phase and the sequence in which each is to be
developed

An inventory and evaluation of the soil and water resources
within the proposed subdivision

If the subdivision is within the service area of any public
or private water supply system, a statement from the chief
executive official of the system indicating if the proposed
subdivision may be connected to that system

2. Review

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

the preliminary plat to the district highway engineer, the

county health director and to other appropriate agencies

including review necessary to assure coordination with the

North Carolina Coastal Management Program and offices of

the County for their review and recommendations.

b. Review by Planning Board

(1) After considering any report and/or recommendations

received in addition to any comments which the subdi-

vider may have, the Planning Board shall approve or

disapprove the preliminary plat and shall make their

recommendations to the Board of Commissioners. If the

Planning Board disapproves the preliminary plat, the

reasons for such action shall be stated, and recommen-

dations made on the basis of which the proposed sub-

division could be approved.

(2) Failure on the part of the Planning Board to act with-

in sixty-five (65) days after the preliminary plat is

submitted to the Planning Board shall constitute

approval by the Planning Board.

C. Review by Board of Commissioners

(1) The Board of Commissioners shall approve or disapprove

the preliminary plat.

(2) If the Board of Commissioners disapproves the prelimi-

nary plat, the reasons for such action shall be stated

and recommendations made on the basis of which the

proposed subdivision could be approved.

C. Final Plat

1. Preparation of Final Plat and Installation of Improvements.

Upon approval of the preliminary plat by the Board of Commis-

sioners, the subdivider may proceed with the preparation of the

final plat and the installation of required improvements in

accordance with the approved preliminary plat and the require-

ments of this ordinance. Prior to approval of a final plat, the

subdivider shall have installed the improvements specified in

this ordinance. No final plat will be accepted for review by

the Planning Board unless accompanied by a statement signed by

the subdivider certifying that all of the provisions of this

ordinance have been complied with and that all of the required

improvements have been installed. The final plat shall include

only that portion of the preliminary plat which the subdivider

proposes to record at that time.

2. Submission of the Final Plat. The subdivider shall submit to

the Planning Board the final plat, so marked not less than fif-
teen (15) days prior to the meeting of the P:anning Board at

which it will be reviewed.

The final plat for the subdivision or for the first phase

of the subdivision as indicated in the sequence of phases on the

approved preliminary plat shall be submitted not more than

twelve (12) months after the date on which the preliminary plat

was approved; otherwise approval of the preliminary plat shall

expire and be null and void.

The Planning Board may grant an additional twelve (12)

months for the installation of improvements and submission of

the final plat if the subdivider applies for such extension in

writing before the expiration of the initial period and has

begun to install the required improvements and has made substan-

tial progress (over 60 percent as determined by the Planning

Board and documented in the application for extension) in doing

so. The progress of required improvements must be verified by

the Planning Board.

A final plat for each subsequent phase must be submitted

within twelve (12) months after the final plat for the previous

phase has been approved or the approval of the preliminary plat

as to the remaining phases shall be null and void.

The final plat shall be prepared in accordance with the

highest professional standards by a land surveyor or profes-

sional engineer currently licensed and registered in the State

of North Carolina by the North Carolilna State Board of Regis-

tration for Professional Engineers and Land Surveyors. The

final plat shall conform to the provisions for plats, subdivi-

sions, and mapping requirements set forth in G.S. 47-30 and

shall show or have attached to it a document showing the same

information required for the preliminary plat.

Fifteen (15) copies of the final plat shall be submitted;

three (3) shall be reproducible black or blue line prints.

The final plat shall be of a size suitable for recording

with the Dare County Register of Deeds and shall be at a scale

of not less than one (1) inch equals two hundred (200) feet.

Maps may be placed on more than one (1) sheet with appropriate

match lines.

Submission of the final plat shall be accompanied by a

cashiers or certified check payable to the Dare County Register

of Deeds in the amount of the recording fee for the final plat

and related documents.

Certification. The following signed and acknowledged certifi-

cates or required portions thereof shall appear on all copies of

the final plat:

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 subdivision

jurisdiction of the County of Dare and that I hereby adopt

this plan of subdivision with my free consent, establish

minimum building setback lines, and dedicate all streets,

alleys, walks, parks, and other sites and easements to pub-

lie or private use as noted. Furthermore, I hereby dedi-

cate all sanitary sewer, storm sewer and water lines to the

County of Dare.

Date Owners

hereby certify that

personally appeared before me

this day and acknowledged the due execution of this

certificate. Witness ity hand and official seal this the

day of A.D. 19

Signature
Official Seal

State of North Carolina Dare County

I, certify that this map was

(drawn by me) (drawn under ny supervision) from (an actual

survey made by me) (an actual survey made under W super-

vision) (deed description recorded in Book Page@_,
Book Page_, etc.) (other); that the ratio of pre-

cision as calculated by latitudes and departure is 1:

that the boundaries not surveyed are shown as broken lines

plotted from information found in Book , Page__;

that this map was prepared in accordance with G.S. 47-30,

as amended; and that the prescribed reference points have

been properly placed. Witness W hand and seal this

day of A.D. 19

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 ny hand and official seal this the

day of A.D. 19

Signature
Official Seal

Review by the Planning Board. The Planning Board shall review

the final plat at or before its next regularly scheduled meeting

which follows at least fifteen (15) days after it receives the

final plat and shall approve the final plat if it is in compli-

ance with this chapter or disapprove it if it is not within

seventy-five (75) days of receiving the plat.

During its review of the final plat, the Planning Board

may, with the consent of the Board of Commissioners, appoint a

Registered Land Surveyor to confirm the accuracy of the final

plat and/or installation of improvements. If substantial errors

are found, the costs shall be charged to the subdivider and

shall be paid before the plat will be considered further; the

plat shall not be recommended for approval until such errors

have been corrected.

If the Planning Board approves the final plat, such

approval shall be shown on each copy of the plat by the

following signed certificate:

Certificate of Approval for Recording

I hereby certify that the subdivision plat shown hereon has

been found to comply with the Subdivision Ordinance of Dare

County and that this plat has been approved by the Dare

County Planning Board for recording in the Office of the

Date Chair of the Dare County
'Planning Board

If the final plat is disapproved by the Planning Board, the

reasons for such disapproval shall be stated in-writing, speci-

fying the provisions of this ordinance with which the final plat

does not comply. One (1) copy of such reasons and one (1) print

of the plat shall be retained by the Planning Board as part of

its proceedings; one (1) copy of the reasons and one (1) copy of

the plat shall be transmitted to the subdivider. If the final

plat is disapproved the subdivider may make such changes as will

bring the final plat into compliance and resubmit same for

reconsideration by the Planning Board as if it were an original

submission of a final plat.

If the final plat is approved by the Planning Board, one

(1) reproducible and one (1) print of the plat shall be returned

to the subdivider, one (1) reproducible and one (1) print shall

be filed with the County Tax Supervisors Office, one (1) print

shall be retained by the Planning Board for its files, and one

(1) reproducible shall be filed by the Planning Board with the

III. Standards

Each subdivision shall comply with the design standards of this ordinance

as minimums and shall contain the improvements specified which shall be

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

reserved as required.

A. Reference points

Prior to the approval of the final plat, permanent reference points

shall have been placed in accordance with Sections 39-32.1 et seq. of

the General Statutes of North Carolina the following requirements:

1. Subdivision corner tie. At least one corner of the subdivision

shall be designated by course and distance (tie) from a readily

discernible reference marker.

2. Monuments. Within each block of a subdivision at least two mon-

uments designed as control corners shall be installed. The sur-

veyor shall employ additional monuments when necessary. Monu-

ments 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 mate-

rial 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 impractical 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.

3. Stakes. Each lot shall be adequately staked to show the bound-

aries of the lot with stakes not less than three feet long and

driven into the ground not less than two feet.

B. General Standards

1. The design and development of subdivisions shall preserve the

natural terrain, natural drainage, existing topsoil, trees and

natural vegetation to the maximum extent possible.

2. All subdivisions shall be designed to be consistent with the

need to minimize flood damage.

3. All subdivision proposals shall have public utilities and facil-

ities such as sewer, gas, electrical and water systems located

and constructed to minimize flood dam ge.

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

with the applicable Areas of Environmental Concern (AEC) Stand-

ards and any other rules promulgated pursuant to the Coastal

Area Management Act of 1974.

5. Blocks. The lengths, widths, and shapes of blocks shall be

determined with due regard to: provision of adequate building

sites suitable to the special needs of the type of use contem-

plated; requirements of the Zoning Ordinance of Dare County;

needs for vehicular and pedestrian circulation; control and

safety of street traffic; limitations and opportunities of

topography; and convenient access to water areas. Length shall

not be greater than one thousand four hundred (1400) nor less

than four hundred (400) feet. Blocks shall have sufficient

width to allow two (2) tiers of lots of minimum depth except

where single tier lots are required to separate residential

development from through vehicular traffic or another type of

use, in nonresidential subdivisions, or where abutting a water

area.

If there are more than four lots 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 lots. The size, shape and orientation of lots

for other than residential purposes shall be such as the Plan-

ning Board deems appropriate for the type of development and use

contemplated.

7. Residential lots. Residential lots shall comply with the fol-

lowing requirements:

a. Lots shaped and filled. Any lot shaped or filled must be

approved as to quality and content by the County Health

Department.

b. Orientation of lot lines. Side lot lines shall be substan-

tially at right angles or radial to street lines.

C. Minimum lot width. Lots should have a minimum width of not

less than seventy-five (75) feet measured at the front

building setback line.

8. Lot size. All lots in new subdivisions shall conform to the

requirements of the Zoning Ordinance for the district in which

the subdivision is located. Conformance means, among other

things, that the smallest lot in the subdivision must meet all

dimensional requirements of the zoning ordinance. It is not

sufficient merely for the average lot to meet such require-

ments.

In unzoned areas, lots shall meet the following require-

ments.

a. Area. All lots shall have an area of at least twenty

thousand (20,000) square feet per dwelling unit. Addi-

tional lot area is required when a lot is not served by

public water or public sewer. In such cases each lot shall

not be less than the size required by the County Board of

Health for installation of a well, cistern and/or a septic

tank, but in no instance shall such a lot be less than

twenty thousand (20,000) square feet per dwelling unit.

b. Building setback lines. The minimum setback from property

lines shall be as follows and shall be recorded on the

final plat:

(1) From the front property line . . . . . . . 25 feet
(2) From the side property lines . . . . ... . 10 feet

(3) From the rear property lines . . . . . . . 20% of the
depth of
the lot,
but not
less than
20 feet.

(4) From the side property line which
abuts a street . . . . . . . . . . . . . . 15 feet

9. Buffer strips. The Planning Board may recommend the use of a

buffer strip adjacent to major roads and to commercial or indus-

trial development which would be part of the platted lots but

have the following restriction on the face of the plat:

"This strip reserved for the planting of trees or shrubs by the

owner; the building of structures prohibited".

10. Telephone, electric and cable television service within

subdivisions shall be installed underground.

C. Suitability of Land

If, based on an inventory and evaluation of the soil and water

resources of the tract under consideration, the Planning Board deter-

mines that a portion of that tract is not suited for the use pro-

posed, that area shall not be platted for that use unless (1) the

subdivider has permanently remedied the conditions which made the

land unsuitable or (2) all the areal requirements of the ordinance

are met by each lot without including the unsuitable land in the cal-

culation.

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

be subdivided 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 develop-

ment 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 subdivided, unless adequate methods are

utilized to correct the unsuitable conditions. Any land disturbing

activity, as defined in Section 113A-52 of the General Statutes of

North Carolina, shall be accomplished in accordance with the require-

ments of Article 4 of Chapter 113A of the General Statutes of North

Carolina. Any required land preparation must be completed prior to

submission of the final plat for approval.

D. Storm Water Drainage System

The Subdivider shall provide a surface water drainage system con-

structed to the standards of the North Carolina Department of Trans-

portation, subject to the approval of the Planning Board.

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

sewer.

2. Where feasible, the subdivider shall connect to an existing

storm drainage system.

3. Where an existing storm drainage system cannot feasibly be

extended to the subdivision, a surface drainage system shall be

designed to protect the proposed development from water damage.

4. Surface drainage courses shall have side slopes of at least

three (3) feet of horizontal distance for each one (1) foot of

vertical distance, and courses shall be of sufficient size to

accommodate the drainage area without flooding, and designed to

comply with the standards and specifications for erosion control

of the North Carolina Sedimentation Pollution Control Act.

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

shall be a vertical fall of at least 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 accel-

erated erosion caused by increased velocity of runoff from the

land disturbing activity in accordance with the North Carolina

Sedimentation Pollution Control Act.

7. Anyone constructing a dam or impoundment within the subdivision

must comply with the North Carolina Dam Safety Law.

8. In all areas of special flood hazards, all subdivision proposals

shall have adequate drainage provided to reduce exposure to

flood damage.

E. Subdivision name

The name of the subdivision shall not duplicate nor closely approxi-

mate the name of an existing subdivision within Dare 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 Dare County.

G. Solid waste collection

The Planning Board may require, for each twenty-five (25) lots, 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 public

or private 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 accom-

modate the various facilities and the subdivider shall provide

the required easements.

2. A crosswalk easement no less than eight (8) feet in width shall

be provided when such is required by the Planning Board.

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

channel or stream, there shall be provided a storm water ease-

ment or drainage right-of-way conforming substantially with the

lines of such watercourse, and such further width as will be

adequate for the purpose. Parallel streets or parkways may be

required in connection therewith.

4. Where a subdivision is adjacent to the Atlantic Ocean, an ease-

ment for dune maintenance adjacent to the mean high water mark

may be required, or such other provisions as to dune maintenance

may be required by the Planning Board.

5. Lakes, ponds, creeks and similar areas within the county will be

accepted for maintenance only if such is recommended by the

Planning Board and approved by the Board of Commissioners.

I. Water and Sanitary Sewer Systems

Each lot in all subdivisions within the county's jurisdiction shall

be provided with an extension of the county water system at the sub-

divider's expense if in the judgement of the Board of Commissioners

there is adequate unused capacity in the system to serve the subdivi-

sion and if the Planning Board determines that the existing system is

sufficiently close to the subdivision to make such an extension fea-

sible.

All lots in subdivisions 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 Dare County Health Department and with the appli-

cable laws of North Carolina.

J. Streets

1. Public Streets. Except as provided in Subsection Two of this

section, all subdivision lots shall abut on a public street.

All public streets shall be built to the standards of this

ordinance and all other applicable standards of the county and

the State of North Carolina. Public streets which are eligible

for acceptance into the state highway system shall be

constructed to the standards necessary to be put on the state

highway system and shall be put on such system. Streets which

are not eligible to be put on the state highway system because

there are two few lots or residences shall, nevertheless, be

dedicated to the public and shall be built in accordance with

the standards necessary to be put on the state highweay system

so as to be eligible to be put on the system at a later date.

An executed maintenance agreement with provisions for main-

tenance of the street until it is put on the state highway sys-

tem shall be included with the final plat.

2. Private streets. The Board of Commissioners may permit subdi-

vision lots to abut on private streets only on the recommenda-

tion 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 Transporta-

tion. 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 Transportation with the excep-

tion 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 pro-

tect 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 subdivider shall submit, as a part of the preliminary

plat, the signed statement of a licensed professional engineer

stating that the proposed streets as designed will meet all of

the requirements with stated detailed exceptions. The subdi-

vider shall provide for inspections to ensure that the streets

are being constructed in accordance with the approved prelimi-

nary plat by an independent licensed professional engineer dur-

ing the construction process, the reports of which are to be

submitted to the Planning Board in accordance with a schedule

submitted and approved as a part of the preliminary plat. As a

part of the final plat the subdivider shall submit a certificate

of an independent licensed professional engineer that the

streets have been constructed in accordance with the approved

preliminary plat.

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

lot owners' association or similar organization. The subdivider

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 perpe-

tuity. The subdivider must agree to maintain the streets until

the owner organization is fully functional and must agree to

contribute to that organization its share of the maintenance for

all lots retained by the subdivider or successor.

The final plat, the uniform covenants and each deed convey-

ing lots in the subdivision shall plainly indicate that the

streets are privately owned and their maintenance is the respon-

sibility of the owners' organization in perpetuity.

Subdivision street disclosure statement. All streets shown on

the final plat shall be designated in accordance with North

Carolina state law and designation as public shall be conclu-

sively presumed an offer of dedication to the public. Where

streets are dedicated to the public but not accepted into the

state highway system, before lots are sold, a statement explain-

ing the status of the street shall be included with the final

plat.

4. Conformity of proposed streets to existing maps or plans. The

location and width of all proposed streets shall be in conform-

ity with official plans or maps of the county and with existing

or amended plans of the Planning Board.

5- Continuation of existing streets. The proposed street layout

shall be coordinated with the existing road system of the sur-

rounding 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 adjoin-

ing property, proposed streets shall be extended by dedication

to the boundary of such property, and a temporary turnaround

shall be provided.

7. Large tracts or parcels. Where land is subdivided into larger

parcels than ordinary building lots, such parcels shall be

arranged so as to allow for the opening of future roads and log-

ical further subdivision.

8. Nonresidential streets. The subdivider of a nonresidential sub-

division 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.

9. Design standards. The design of all streets and roads within

the jurisdiction of this ordinance shall be in accordance with

the accepted policies of the North Carolina Department of Trans-

portation Division of Highways, as taken or modified from the

American Association of State Highway Officials (AASHO) manuals.

The N.C. Department of Transportation, Division of Highways'

Subdivision Roads Minimum Construction Standards, current edi-

tion, shall apply for any items not included in this ordinance,

or where stricter than this ordinance.

IV. Administration 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 Plan-

ning Board's responsibility under the terms of this ordinance, and

the Board of Commissioners may provide for such budgetary require-

ments 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 Section 153A-323 of the

General Statutes of North Carolina.

C. Conflicts with the Dare County Code. Should the requirements of this

ordinance conflict with those of Chapter 22 of the Dare County Code,

the more stringent requirements shall prevail.

D. Violations. Any person who, being the owner or agent of the owner of

any land located within the jurisdiction of this ordinance, transfers

or sells such land by reference to, exhibition of, or any other use

of a plat showing a subdivision of such land, before such plat has

been properly approved in accordance with this ordinace and recorded

in the Office of the Register of Deeds, shall be guilty of a misde-

meanor. The description of metes and bounds in the instrument of

transfer or other document used in the process of selling or trans-

ferring shall not exempt the transaction from the penalties provided

therefor. The county may also seek injunctive relief for the illegal

subdivision, transfer, conveyance or sale of land.

V. Definitions

For the purposes of this chapter, the following words and phrases shall

have the meanings respectively ascribed to them by this section:

Administrator or Administrator of this Ordinance. The person designated
by the County Manager to administer this ordinance.

Board of Commissioners. Dare County Board of Commissioners.

Building setback line. The line within a property defining the required
minimum distance between any building and the adjacent right-of-way or
lot.

Double frontage lot. A lot with front and rear street frontage.

Lot. A portion of a subdivision or any other parcel of land intended as
a unit for transfer or ownership or for development or both. The word
"lot" includes the words "plot," "parcel," or "tract."

Official maps or plans. Any maps or plans officially adopted by the
Board of Commissioners as a guide for the development of the county.

Planning Board. Dare County Planning Board.

Road. A right-of-way for vehicular traffic. The word "road" shall
include the word "street."

A. Primary road. A road designed to carry heavy volumes of vehicu-
lar traffic.

B. Secondary or collector road. A road designed to carry medium
volumes of vehicular traffic, to provide access to the primary
road system and to provide access to abutting properties.

C. Cul-de-sac or minor dead-end road. A road permanently terminated
by a turnaround or dead-end.

D. Marginal access road. A minor (service) road which parallels and
is immediately adjacent to a primary road or highway, which pro-
vides access to the properties abutting it and which separates
the abutting properties from high speed vehicular traffic.

Subdivider. Any person, owner, broker, surveyor, engineer, planner, cor-
poration, partnership or the like who subdivides or develops any land
deemed to be a subdivision as defined in this section.

.29

Subdivision. Any division of a tract or parcel of land into two or more
lots, building sites or other divisions, for the purpose, whether immed-
iate or future, of sale or building development, including any division
of land involving the dedication of a new street or a change in existing
streets; provided, that the following shall not be included within this
definition, nor shall they be subject to the regulations prescribed by
this chapter:

A. The combination or recombination of portions of previously sub-
divided and recorded lots, if the total number of lots is not
increased and the resultant lots are equal to or exceed the
standards of the county as established by this chapter.

B. The division of land into parcels greater than ten acres, if no
street right-of-way dedication is involved.

C. The public acquisition by purchase of strips of land for the
widening or opening of streets.

D. The division of a tract of land in single ownership, the entire
area of which is no greater than two acres, into not more than
three lots, where no street right-of-way dedication is involved,
and if the resultant lots are equal to or exceed the standards of
the County as established by this Chapter. (1-17-77, art- 5,
�51).

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