River Bend Subdivision Regulations
River Bend Subdivision RegulationsARTICLE I
TITLE AND PURPOSE
Section 1. Title
This ordinance shall be known and may be cited as the Subdivision Regulations for the Town of River Bend, North Carolina, and may be referred to as the Subdivision Regulations.
Section 2. Purpose Amend.
The purpose of this ordinance is to establish procedures and standards for the development and subdivision of land within the territorial and extraterritorial jurisdiction of the Town of River Bend. It is further designed to provide for the orderly growth and development of the Town of River Bend; for the coordination of streets and highways within proposed subdivisions with existing or planned streets and highways and with other public facilities; for the dedication of recreation areas serving residents of the immediate neighborhood within the subdivision and of rights of way or easements for street and utility purposes; and for the distribution of population and traffic in a manner that will avoid congestion and overcrowding and will create conditions essential to public health, safety, and the general welfare. This ordinance is designed to further facilitate adequate provision for water, sewerage, storm water management, parks, and playgrounds, and also to facilitate the further resubdivision of larger tracts into smaller parcels of land.
ARTICLE II
AUTHORITY AND JURISDICTION
Section 1. Authority
This ordinance is hereby adopted under the authority and provisions of the General Statutes of North Carolina, Chapter §160A, Article 19, Part 2.
Section 2. Jurisdiction
The regulations contained herein as provided in G.S. 160-A, Article 19 shall govern each and every subdivision within the territorial and extraterritorial jurisdiction of the Town of River Bend as the areas of such jurisdiction from time to time are determined.
ARTICLE III
PREREQUISITE TO PLAT RECORDATION AND APPROVAL OF PUBLIC SERVICES
Section 1. Prerequisite to Plat Recordation
After the effective date of this ordinance, each individual subdivision plat of land within the jurisdiction of the Town of River Bend shall be approved by the Town Council.
Section 2. Approval of Public Services Amend. 7-16-86 & 10-17-90
No street shall be maintained by the Town of River Bend nor street dedication accepted for ownership and maintenance, no Initial Zoning Permit shall be issued, nor shall water, sewer or other facilities or services of the Town of River Bend be extended to or connected with any subdivision for which a plat is required to be approved unless and until such final plat has been approved by the Town Council.
ARTICLE IV
LEGAL PROVISIONS
Section 1. Procedure for Plat Approval
After the effective date of this ordinance, no subdivision plat of land within the jurisdiction of the Town of River Bend shall be filed or recorded until it has been submitted to and approved by the Town Council as set forth in Article III, Section 1 of this ordinance, and until this approval is entered in writing on the face of the plat by the Mayor.
The Register of Deeds shall not file or record a plat of a subdivision of land located within the jurisdictional area of the Town of River Bend that has not been approved in accordance with these provisions, nor shall the Clerk of the Superior Court order or direct the recording of a plat if the recording would be in conflict with this Section.
Section 2. Statement by Owner
The owner of land shown on a subdivision plat submitted for recording, or his authorized agent, shall sign a statement on the plat stating whether or not any land shown thereon is within the jurisdictional area
of the Town of River Bend.
Section 3. Effect of Plat Approval on Dedications
Pursuant to G.S. §160A-374, the approval of a plat shall not be deemed to constitute or effect the acceptance by the Town of River Bend or public of the dedication of any street or other ground, public utility line, or other public facility shown on the plat. However, the Town Council may by resolution accept any dedication made to the public of lands or facilities for streets, parks, public utility lines, or other public purposes, when the lands of facilities are located within its jurisdictional area. Acceptance of dedication of lands or facilities located within the jurisdictional area but outside the corporate limits of the Town of River Bend shall not place on the Town of River Bend any duty to open, operate, repair, or maintain any street, utility line, or other land or facility, and the Town of River Bend shall in no event be held to answer in any civil action or proceeding for failure to open, repair, or maintain any street located outside of its corporate limits.
Section 4. Penalties for Violation
After the effective date of this ordinance, any person who, being the owner or agent of the owner of any land located within the jurisdictional area of the Town of River Bend, thereafter subdivides his land in violation of this ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the terms of this ordinance and recorded in the office of the Register of Deeds of Craven County shall be guilty of a misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The Town of River Bend, through its attorney or other official designated by the Town Council, may enjoin illegal subdivision, transfer or sale of land by action for injunction. Further, violators of this ordinance shall be subject, upon conviction, to fine and/or imprisonment as provided by G.S. §14-4.
Section 5. Separability
Should any section or provision of this ordinance be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
Section 6. Variances Amend. 2-20-85
Where, because of severe topographical or other conditions peculiar to the site, strict adherence to the provisions of this ordinance would cause an unnecessary hardship, the Board of Adjustment may authorize a variance to the terms of this ordinance only to the extent that it is absolutely necessary and not to an extent which would violate the intent of this ordinance.
Section 7. Amendments
The Town Council from time to time may amend the terms of this ordinance, but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Planning Board for review and recommendation. The Planning Board shall have thirty (30) days within which to submit its report. If the Planning Board fails to submit a report within the specific time, it shall be deemed to have approved the amendment.
Section 8. Abrogation
It is not intended that this ordinance repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, where this ordnance imposes greater restrictions, the provisions of this ordinance shall govern.
Section 9. Effective Date
This ordinance shall take effect and be in force from and after the 15th day of May, 1981.
ARTICLE V
DEFINITIONS
Section 1. "Subdivision" Defined
For the purposes of this ordinance, "subdivision" means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to this ordinance:
a. The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the Town of River Bend as provided in this ordinance;
b. The division of land into parcels greater than ten (10) acres where no street right of way dedication is involved;
c. The public acquisition by purchase of strips of land for the widening or opening of streets;
d. The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right of way dedication is involved and where the resultant lots are equal to or exceed the standards of the Town of River Bend as provided in this ordinance; and
e. The platting and conveyance of a single lot or tract out of a larger tract, provided that:
(i) the larger tract is not one which was platted and conveyed previously from a larger tract under this exception or under the Opinion of the Attorney General dated March 4, 1975 (44 N.C.A.G No 2, p. 251) or all or a portion of the remainder of a larger tract from which a lot or tract was platted and conveyed previously under this exception or under the Opinion of the Attorney General dated March 4, 1975 (44 N.C.A.G. No 2, p. 251);
(ii) the remainder of the larger tract is being held for some purpose other than sale or building development (whether immediate or future); and
(iii) no dedication of a new street or a change in existing streets is involved
Section 2. Other Definitions
For the purposes of this ordinance, certain words or terms used herein shall be defined as follows:
2-1. Alley. Privately or publicly owned right-of-way, primarily for service access to the back or side of abutting property, and not intended for general traffic circulation. Amend. 1-19-94
2-2. Buffers. A buffer shall be one of the three types: Amend. 12-21-88 & 6-19-02
a. A six-foot (6') high blind barrier which shall not permit the passage of light from one side to the other and which also will dampen noise where needed. Such barrier may be a wood basket weave type fence or an open type fence with evergreen vegetation or the like planted facing the adjoining property.
b. A seven-foot (7') wide evergreen planting strip that will be expected to reach a height of seven feet (7') in four (4) years time.
c. A fifteen-foot (15') wide planting strip of undisturbed natural woods.
d. A fifteen-foot (15') wide planting strip consisting of a single species of canopy-type trees planted every forty (40') feet.
2-3. Building Setback Line. A line parallel to the front property line in front of which no structure shall be erected.
2-4. Easement. A grant by the property owner of a strip of land for a specified purpose.
2-5. Lot. A portion of a subdivision, or any other parcel of land, intended as a unit for transfer of ownership, or occupied or intended for occupancy by a principal building, together with its accessory buildings, including the open space required under this ordinance. For the purpose of this ordinance, "lot" shall mean any number of contiguous lots of record for location of one principal building and its accessory buildings. Amend. 1-19-94
2-6. Lot of Record. A lot which is part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds of Craven County prior to the adoption or applicable amendment of this ordinance, or a lot described by metes and bounds, the description of which has been recorded prior to the adoption or applicable amendment of this ordinance. Amend. 1-19-94
2-7. Lot Types:
a. Corner Lot. A lot which occupies the interior angle of an intersection of two (2) street rights-of-way which make an angle of more than 45 degrees and less than 135 degrees with each other. A corner lot shall be deeded to have two front yards (one contiguous with each street right-of-way), one side yard and one rear yard. Amend. 1-19-94
b. Interior Lot. A lot other than a corner lot with only one frontage on a street.
c. Reversed Frontage Lot. A lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot or a through lot.
d. Single-tier Lot. A lot which backs upon a limited access highway, a railroad, a physical barrier, or another type of land use and to which access from the rear is usually prohibited.
e. Through Lot or "Double Frontage Lot". A lot other than a corner lot with frontage on more than one street.
2-8. Official Maps or Plans. Any maps or plans officially adopted by the Town Council as a guide to the development of the Town of River Bend.
2-9. Open Space. An area (land and/or water) generally lacking in man-made structures and reserved for enjoyment in its unaltered state.
2-10. Plan. Any documented and approved program of recommended action, policy, intention, etc., which sets forth goals and objectives along with criteria, standards and implementing procedures necessary for effectively guiding and controlling decisions relative to facilitating development and growth management.
2-11. Planned Unit Development. A permitted use designed to provide for developments incorporating a single type or a variety of residential and related uses which are planned and developed as a unit. Such development may consist of individual lots or common building sites. Common land must be an element of the plan related to effecting the long term value of the entire development.
2-12. Planning Board. The Planning Board of the Town of River Bend.
2-13. Plat. A map or plan of a parcel of land which is to be or has been subdivided.
2-14. Private Driveway. A roadway serving two (2) or fewer lots, building sites or other divisions of land and not intended to be public ingress or egress.
2-15. Collector Street. A road which serves as the connecting street between local residential roads and the thoroughfare system, as further defined in the NCDOT Subdivision Road Standards. Added 2-19-92
2-16. Local Street. A road that does not connect thoroughfares or serve major traffic generators, as further defined in the NCDOT Subdivision Road Standards. Added 2-19-92
2-17. Private Street. An undedicated private right of way which affords access to abutting properties and requires a subdivision streets disclosure statement in accordance with G.S. 136-102.6.
2-18. Public Sewage System. A sewage collection and disposal system serving two (2) or more residences or businesses or combination of residences or businesses.
2-19. Public Water Supply. A water supply system serving ten (10) or more residences or businesses or combination of residences or businesses.
2-20. Recreation Area or Park. An area of land or combination of land and water resources that is developed for active and/or passive recreation pursuits with various man-made features that accommodate such activities.
2-21. Reservation. An obligation to keep property free from development for a stated period of time.
2-22. Subdivider. Any person who subdivides or develops any land deemed to be a subdivision as herein defined.
2-23. Cul-de-sac. A minor street that terminates in a vehicular turnaround with a minimum street width
Added 10-17-01
Section 3. Word Interpretation
For the purpose of this ordinance, certain words shall be interpreted as follows:
Words used in the present tense include the future tense.
Words used in the singular number include the plural, and words used in the plural number include the singular, unless the natural construction of the wording indicates otherwise.
The word "person" includes a firm, association, corporation, trust and company, as well as an individual.
The words "used for" include the meaning "designed for".
The word "structure" includes the word "building".
The word "lot" includes the words "plot", "parcel", or "tract".
The word "shall" is mandatory and not merely directory.
ARTICLE VI
COMPLIANCE WITH OFFICIAL PLANS
Section 1. Zoning and Other Plans
Proposed subdivisions must comply in all respects with the requirements of the Zoning Ordinance in effect in the area to be subdivided, and any other officially adopted plans.
Section 2. Residential Collector Roads Added 2-19-92
Proposed subdivisions must comply in all respects with the requirements of the Residential Collector Road system, as shown on the "Town of River Bend Official Thoroughfare Map", latest revision.
ARTICLE VII
PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION PLATS
Section 1. General
Pursuant to G.S. §160-A-373, no final plat of a subdivision within the jurisdictional area of the Town of River Bend as established in Article II of this ordinance shall be recorded in the Office of the Register of Deeds of Craven County until it has been approved by the Town Council as provided herein. To secure such approval of a final plat, the subdivider shall generally follow the procedures established in this Article.
Section 2. Sketch Plan Design
Prior to preliminary plat application, if the land to be subdivided contains more than four (4) lots, the subdivider shall submit to the Planning Board a simple sketch plan of the proposed subdivision. Smaller or minor subdivisions may be submitted in sketch form if the developer so wishes or if required by the Town Council. The subdivider shall, at this time, discuss the proposed development with the Planning Board and become familiar with the regulations affecting the land to be subdivided. This procedure does not require formal application or fee.
Sketch plans shall conform to the following requirements:
2-1. Number of Copies and Graphic Media. Amend 9-17-86
A minimum of ten (10) copies of a sketch design plan shall be submitted. No specific graphic media must be employed.
2-2. Size of Plan and Scale
No specific size or scale requirements apply to sketch design plans. It is suggested that the requirements applicable to preliminary and final plats be utilized.
2-3. Administrative Fees
No administrative fees are charged in connection with the submission of sketch design plans.
2-4. Certification Required
No certificates must be provided in connection with the submission of sketch design plans.
2-5. Contents Required Amend. 11-28-01
The sketch design plan shall depict or contain the following information:
2-5.1. A sketch vicinity map showing the location of the subdivision in relation to neighboring tracts, subdivisions, roads, waterways;
2-5.2. The boundaries of the tract and the portion of the tract to be subdivided;
2-5.3. The total acreage to be subdivided;
2-5.4. The existing and proposed uses of the land within the subdivision and adjoining it;
2-5.5. The proposed street and lot layout, including recreation area or parks;
2-5.6. The proposed drainage plan which shall be in conformity with the NC Storm Water Site Planning Guidance Manual to show how the land will be used.
2-5.7. The name, address, and telephone number of the owner;
2-5.8. The name, if any, of the proposed subdivision;
2-5.9. Streets and lots of adjacent developed or platted properties;
2-5.10 The zoning classification(s) of the tract and of adjacent properties.
2-6. Review Procedure
The Planning Board shall review the sketch design plan for general compliance with the requirements of this ordinance and the zoning ordinance and shall advise the subdivider or his authorized agent of the regulations pertaining to the proposed subdivision and the procedures to be followed in the preparation and submission of the preliminary and final plats. This review shall in no way be construed as constituting an official action of approval for recording of the subdivision by the Planning Board or Town Council as required by this ordinance.
2-7. Disposition of Copies
One copy shall be retained as a part of the minutes of the Planning Board with the other copy being returned to the subdivider or his authorized agent.
Section 3. Preliminary Plat
The subdivider or the subdivider's duly authorized agent shall submit the preliminary and any supplementary materials to the Planning Board at least fourteen (14) days prior to a regular meeting of the Planning Board for every subdivision of land which is located within the jurisdictional area of the Town of River Bend as established by Article II, Section 2 hereof.
3-1. Number of Copies and Graphic Media
Ten (10) copies of the preliminary plat shall be submitted. No specific graphic media must be employed.
3-2. Size of Plat and Scale
No specific size requirements apply to preliminary plats. Preliminary plats shall be prepared at a scale of one (1) inch equals one hundred (100) feet, or greater.
3-3. Administrative Fees Amend. 11-21-90
Submission of the preliminary plat must be accompanied by a filing fee in accordance with the Zoning Ordinance, Article XIII.
3-4. No certifications must be provided in connection with the submission of preliminary plats. (See Article VIII, Section 7, regarding approval of utilities.)
3-5. Contents Required Amend. 11-28-01 & 6-19-02
The preliminary plat shall depict or contain the following information. Plats not illustrating or containing the following data shall be returned to the subdivider or his authorized agent for completion and resubmission.
3-5.1. The proposed name of the subdivision;
3-5.2. A sketch vicinity map showing relationship between the proposed subdivision and the surrounding area at a scale of one (1) inch equals one thousand (1,000) feet, and to include at least one (1) main arterial road;
3-5.3. The boundaries of the tract or portion thereof to be subdivided, distinctly and accurately represented, with all bearings and distances shown;
3-5.4. Scale denoted both graphically and numerically;
3-5.5. North arrow and declination;
3-5.6. The plans for proposed utility layouts, including sanitary sewers, storm sewers, water distribution lines, telephone and electric service, illustrating connections to existing systems or plans for individual water supply systems and/or sewage disposal systems. Plans for water supply and/or sewage disposal must be accompanied by letters of preliminary approval by the appropriate authorities. Plans must show line sizes, the location of fire hydrants, blow-offs, manholes, pumps, force mains, and gate valves, and shall include profiles based upon mean sea level datum for sanitary sewers and storm sewers.
3-5.7. The proposed specifications and drawings defining the storm water drainage plans for the new development and for any changes to existing drainage features outside the new area necessary to accommodate the plan. The proposed drainage plan shall be in conformity with the NC Storm Water Site Planning Guidance Manual to show how the land will be used. It shall be signed and sealed by a Registered Professional Engineer, licensed to practice in North Carolina. Amend. 6-19-02
3-5.8. Changes to established drainage features such as size or elevation of driveway culverts, of swales and of ditches on Town property or easements shall not be made without the written approval of the Zoning Administrator indicating that the change will not significantly impact storm water drainage in the area. Grade changes on private property shall be considered drainage feature changes, and require written approval of the Zoning Administrator.
3-5.9. Proposed street names, with all streets being designated either "Public Local Residential", "Public Collector Residential" or "Private";
3-5.10. The zoning classification(s) of the tract to be subdivided and of adjoining properties;
3-5.11. Proposed location and size of parks or other recreational or open spaces, if any, and their future ownership (dedication for public use to governmental body, for owners to duly constituted homeowners or community association, or for tenants remaining in subdividers' ownership);
3-5.12. Site calculations, including:
a. Acreage in total tract to be subdivided,
b. Acreage in parks to be dedicated,
c. Total number of parcels created,
d. Linear feet in streets;
3-5.13. Proposed minimum building setback lines;
3-5.14. The names of owners of adjoining properties and any adjoining subdivisions of record;
3-5.15. Any proposed riding trails, natural buffers, pedestrian, bicycle, or other rights of way, utility or other easements, their location, width, and purposes;
3-5.16. Proposed street, existing and platted streets on adjoining properties and in the proposed subdivision, rights of way, pavement widths, approximate grades, design engineering data for all corners and curves, and typical street cross sections;
3-5.17. Existing and proposed property lines, both on the tract to be subdivided and on adjoining properties, buildings or other structures, water courses, railroads, bridges, culverts, storm drains, both on the land to be subdivided and on the land immediately adjoining, corporate limits, township boundaries, and county lines;
3-5.18. Proposed lot lines, lot numbers, block letters and approximate dimensions;
3-5.19. Wooded areas, marshes, swamps, rock outcrops, ponds or lakes, streams or stream beds, and any other natural features affecting the site;
3-5.20. The preliminary plat should be accompanied by a copy of any proposed deed restrictions or similar covenants when deemed necessary by the Planning Board (mandatory when private recreation areas are established);
3-5.21. Date of plat preparation;
3-5.22. The name of the township, county, and state in which the subdivision is located;
3-5.23. The name(s), address(es), and telephone number(s) of the owner(s), registered land surveyor(s), land planner(s), architect(s), landscape architect(s), and professional engineer(s) responsible for the subdivision;
3-5.24. Environmental Impact Statement. Pursuant to Chapter 113A of the North Carolina General Statutes, the Planning Board may require the subdivider to submit an environmental impact statement with his preliminary plat if:
the development exceeds two acres in area, and
if the Planning Board deems it necessary due to the nature of the land to be subdivided, or peculiarities in the proposed layout;
3-5.25. Any other information considered by either the subdivider or the Planning Board to be pertinent to the review of the preliminary plat.
3-5.26. 1. Submit a plan for the subdivision prepared in accordance with the procedures described in Sections 5, 6 and 7 (pages 25 through 56) of the 2/20/98 printing of the North Carolina Site Planning Guidance Manual. The plan may include more than one (1) sheet, and it shall include the following specific information:
Layout of roads, lots, public areas, buffer zones, utilities, ponds, streams, wetlands, filled areas and any special or unusual features.
Proposed finished grading contour lines.
Bottom elevations or profiles of all drainage ditches, swales, culverts and pipes along roads.
Location, size and invert elevation of all drainage culverts and pipes along or under roads.
Identification of where storm water will flow when it exits the subdivision and any features included to facilitate such flow and any work which will have to be done to accommodate such flow beyond the subdivision boundaries.
Estimates of all paved or roofed over areas which would prevent storm water from soaking into the ground.
Identification of Best Management Practices and storm water control features included in subdivision plans.
Plan for barriers and traps to limit and control the transfer of soil sediments to the Town's drainage system during and after construction.
Certification of plans by a Registered Professional Engineer licensed to practice in North Carolina. Amend. 6-19-02
2. Submit a supporting report, calculations and sketches that include the following:
Calculations determining the amount of storm water entering and leaving the subdivision during 10, 50 and 100 year storms taking into account the soil types, topography and planned impervious surface coverage.
Calculations determining the impact of runoff from the subdivision on existing Town drainage paths.
Design of and cost estimates for changes to existing Town drainage paths outside the subdivision that will have to be made to accommodate the increased flows.
Calculations showing the impact of Best Management Practices and storm water control features included in subdivision plans on runoff from the subdivision.
3-5.27. Location of all street name signs shall be shown.
3-6. Review Procedure Amend. 5-16-84
The Planning Board shall review and take action on each preliminary plat within forty five (45) days after first consideration by the Planning Board. First consideration shall be at the next regularly scheduled meeting of the planning Board that follows at least fourteen (14) days after the plat is submitted. Before taking final action on the plat, the Planning Board shall refer copies of the plat and any accompanying materials to those public officials and agencies concerned with the new development, including but not limited to, the Town Council, the Craven County Health Department, the District Engineer of the North Carolina Department of Transportation (four copies), and the County Soil Conservation Service Office, for review and recommendation.
3-7. Disposition of Copies Amend. 1-20-88 & 3-18-98
If the plat is approved, approval shall be noted on at least, three (3) copies of the plat by the Secretary of the Planning Board. One copy shall be transmitted to the Zoning Administrator who shall retain it for public examination, one copy shall be returned to the subdivider, and one copy shall be retained by the Planning Board.
If the preliminary plat is disapproved, the Planning Board shall specify the reasons for such action in writing. One copy of such reasons shall be retained by the Planning Board, one copy shall be given to the subdivider, and one copy shall be transmitted to the Zoning Administrator. If the preliminary plat is disapproved, the subdivider may make the recommended changes and resubmit a revised preliminary plat, or appeal the decision to the Board of Adjustment. The review procedure for a revised preliminary plat shall be as provided in Subsection 3-6 of this Article.
Section 4. Final Plat
4-1. Improvements Installation or Guarantees Amend. 7-18-90
Upon approval of the preliminary plat by the Planning Board and the Town Council, the subdivider may proceed with the preparation of the final plat, and the installation or arrangement for required improvements in accordance with the approved preliminary plat and the requirements of this ordinance.
4-2. Performance Guarantee
In lieu of prior construction of the improvements required by this ordinance, the Town of River Bend may, for the purpose of approving a final plat, accept a guarantee from the subdivider that such improvements will be carried out according to the specifications of the Town of River Bend at his expense. Such guarantee may be in the form of a surety bond made by a surety company licensed to do business in North Carolina, certified check drawn in favor of the Town of River Bend, cash deposited with the Town of River Bend, letter of credit in favor of the Town of River Bend from a bank or other financial institution satisfactory to the Town Council, or such other form of security as the Town Council may approve. Such guarantee shall be in the amount of not less than 100% nor more than 125% of the estimated cost of the construction of the required improvements.
Performance guarantees shall run for a period of one year and may be renewed thereafter for such periods of time as the Town Council may approve.
4-3. Defects Guarantee Amend. 5-21-86
The Town Council shall require a surety bond made by a surety company licensed to do business in North Carolina, certified check drawn in favor of the Town of River Bend, cash deposited with the Town of River Bend, letter of credit in favor of the Town of River Bend from a bank or other financial institution satisfactory to the Town of River Bend, or such other form of security as the Town Council may approve, guaranteeing utility taps, curbs, gutters, street pavement, sidewalks, drainage facilities, water and sewer lines, and other improvements against defects for one year. Such guarantee shall be in the amount of not less than 100% nor more than 125% of the estimated cost of the construction of the required improvements.
4-4. Maintenance Guarantee Amend. l-20-88 & 3-18-98
The Zoning Administrator shall secure from all subdividers a letter in which said subdivider shall agree to maintain the backfill and any improvements located thereon and therein and any ditch which has been dug in connection with the installation of such improvements. Such letter shall be binding on the subdivider for a period of one year after the acceptance of such improvements by the Town of River Bend.
4-5. Final Plat Review Contingent Upon Execution of Guarantees Amend. 11-15-89 & 3-18-98
No final plat will be accepted for approval by the Town Council unless accompanied by an acknowledgement by the Town Zoning Administrator of receipt of the guarantees provided by in subsections 4-2, 4-3 and 4-4 above.
4-6. The Final Plat
The final plat shall constitute only that portion of the preliminary plat which the subdivider proposes to record and develop at the time. Such portion shall conform to all requirements of this ordinance.
4-7. Plat Submitted
The subdivider shall submit the final plat, so marked, to the Chairman of the Planning Board or his designee not less than fourteen (14) days prior to the meeting of the Planned Board at which it will be considered for approval. Further, the Plat shall be submitted not more than twelve (12) months after the date on which the preliminary plat was approved. Otherwise such approval shall be null and void unless a written extension of this time limit is granted by the Planning Board on or before the one-year anniversary of the approval.
4-8. Plat Prepared
The final plat shall be prepared by a registered land surveyor licensed to practice in the State of North Carolina. The final plat shall conform substantially to the preliminary plat as it was approved. The final plat shall conform to the provisions of plats, subdivisions, and mapping requirements as set forth in G.S.
4-9. Number of Copies and Graphic Media Amend. 10-18-89
Twelve (12) copies of the final plat shall be submitted. Two (2) of these shall be drawn on linen or film suitable for reproduction and ten (10) shall be black or blue line paper prints.
4-10. Size of Plat and Scale
Final plats shall have an outside marginal size of not more than twenty-one (21) inches by thirty (30) inches nor less than eight and one-half (8 l/2) inches by eleven (11) inches, including one and one-half (l l/2) inch margin on each of the other sides. Where size of land areas or suitable scale to assure legibility require, maps may be placed on two or more sheets with appropriate match lines. Final plats shall be drawn at a scale of one (l) inch equals one hundred (100) feet, or greater.
4-11. Administrative Fees Amend. 6-17-87
Submission of the final plat must be accompanied by a filing fee of $150.
4-12. Certification Required
The following signed certificates shall appear on all copies of the final plat which are submitted to the Planning Board by the subdivider:
4-12.l. Certification of Ownership and Dedication:
"I hereby certify that I am the owner of the property shown and described thereon, which is located in the jurisdictional area of the Town of River Bend 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 public or private use as noted".
__________________ _____________________________________
Date Owner(s)
4-12.2. Certificate of Approval of Water Supply and Sewage Disposal Systems:
"I hereby certify that the water supply sewage disposal systems installed or proposed for installation in ______________ Subdivision meet necessary public health requirements and hereby are approved".
_____________________ ___________________________________
Date County Health Officer
4-12.3. Certificate of Survey and Accuracy:
"I, _________________, 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 description recorded in Book_________, Page_______) (other); that the error of closure as calculated by latitudes and departures is l:________; 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.
_________________________________
Registered Land Surveyor
__________________________________
Registration Number
4-12.4. Certificate of Approval of the Design and Installation of Streets, Utilities, and other Required Improvements: Amend. 10-16-85 & 5-18-88
"I hereby certify that all streets, utilities and other required improvements in the _________________ Subdivision have been installed in an acceptable manner and according to the specifications and standards of the Town of River Bend or that guarantees of the installation of the required improvements in an amount and manner satisfactory to the Town of River Bend have been received, and that the filing fee for this plat in the amount of $150 has been paid".
_______________ __________________________________
Date Mayor - Town of River Bend
4-12.5. CERTIFICATE OF LOCAL COASTAL AREA MANAGEMENT OFFICER
Added 9-20-89
This subdivision conforms to the standards of the North Carolina Coastal Area Management Act of 1974 and is not located within any area of environmental concern.
________________
Date
___________________________________
Local Permit Officer
4-13. Contents Required
The final plat shall depict or contain the following information. Plats not illustrating or containing the following data shall be returned to the subdivider or his authorized agent for completion and resubmission.
4-13.l. The name of the subdivision;
4-13.2. A sketch vicinity map showing relationship between the proposed subdivision and surrounding area at a scale of one (l) inch equals one thousand (1,000) feet, and to include at least one (l) main arterial road; Amend. 11-15-89
4-13.3. The exact boundary lines of the tract to be subdivided fully dimensioned by bearings and distances, and the location of intersecting boundary lines of adjoining lands;
4-13-4. Scale denoted both graphically and numerically;
4-13-5. North arrow and declination;
4-13.6. Street names;
4-13.7. The location, purpose, and dimensions of areas to be used for purposes other than residential;
4-13.8. Minimum building setback lines;
4-13.9. The names of owners of adjoining properties and any adjoining subdivisions of record;
4-13.10. The location and dimensions of all rights-of-way, utility or other easements, riding trails, natural buffers, pedestrian or bicycle paths, and areas to be dedicated to public use with the purpose of each stated;
4-13.11. Right-of-way lines, and pavements widths of all streets and the location and width of all adjacent streets and easements;
4-13.12. Property lines, buildings or other structures, water courses, railroads, bridges, culverts, storm drains, both on the land to be subdivided and on the land immediately adjoining, corporate limits, township boundaries, and county lines;
4-13.13. Sufficient engineering date to determine readily and reproduce on the ground every straight or curved boundary line, street line, lot line, right-of-way line, easement line, and setback line, including dimensions, bearings, or deflection angles, radii, central angles, and tangent distances for the center line of curved streets and curved property lines that are not the boundary of curved streets. All dimensions shall be measured to the nearest one-tenth of a foot and all angles to the nearest minute;
4-13.14. The accurate locations and descriptions of all monuments, markers, and control points;
4-13.15. The blocks lettered alphabetically throughout the entire subdivision and the lots numbered consecutively throughout each block;
4-13.16. The date of the survey and the plat preparation;
4-13.17. All certifications as required by Subsection 4-12 of this Article;
4-13.18. The name of the township, county, and state in which the subdivision is located;
4-13.19. The name(s), address(es), and telephone number(s) of the owner(s), registered land surveyor(s), land planner(s), architect(s), landscape architect(s), and professional engineer(s) responsible for the subdivision and the registration number(s) and seal(s) of the registered land surveyor(s).
4-14. Review Procedure
Final plats shall be reviewed according to the following procedure:
4-14.1. Planning Board Review: Amend. 1-20-88, 11-19-97 & 3-18-98
The Planning Board shall approve or disapprove the final plat within forty-five (45) days of its first consideration.
During its review of the final plat, the Planning Board may appoint a registered land surveyor to confirm the accuracy of the final plat. If substantial errors are found, in the opinion of the Planning Board, the costs shall be charged to the subdivider and the plat shall not be approved until such errors have been corrected.
If the Planning Board approves the final plat, such approval shall be indicated on each copy of the plat by the following signed certificate:
Certification of Approval by the Planning Board
The Planning Board of the Town of River Bend hereby recommends to the Town Council approval of the final plat for the _________________________Subdivision.
_____________________ ___________________________________________
Date Chairman, Planning Board of Town of River Bend
If the Planning Board disapproves the final plat, the Planning Board shall state in writing its reasons for such action, specifying the provisions of this ordinance with which the plat does not comply. One copy of this statement shall be transmitted to the subdivider within
fifteen (15) days of disapproval; one copy shall be retained by the Planning Board as a part of its proceedings; and one copy shall be sent to the Zoning Administrator. If the final plat is disapproved, the subdivider may make such changes as will bring the plat into compliance with the provisions of this ordinance and resubmit same for reconsideration by the Planning Board.
If the Planning Board fails to approve or disapprove the final plat within forty-five (45) days after first consideration, as previously defined, such failure shall be deemed approval and shall constitute grounds for the subdivider to apply for final approval by the Town Council. In such event, the above certificate shall not be required.
4-14.2 Town Council Review:
At the first regular meeting of the Town Council following its receipt of the final plat and the recommendations of the Planning Board, the Town Council shall review and shall approve or disapprove the plat within forty-five (45) days thereafter.
If the Town Council 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 Regulations for the Town of River Bend, North Carolina, and that this plat has been approved by the Town Council for recording in the Office of the Register of Deeds of Craven County.
__________________ __________________________________
Date Mayor - Town of River Bend
If the final plat is disapproved by the Town Council, the reasons for such disapproval shall be stated in writing, specifying the provision(s) of this with which the final plat does not comply. One (1) copy of such reasons shall be retained by the Town Council as part of its proceedings; one (1) copy shall be transmitted to the Planning Board; and one (1) copy 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 with this ordinance and resubmit same for reconsideration by the Planning Board.
4-15. Disposition of Copies Amend.11-15-89 & 3-18-98
If the final plat is approved by the Town Council, two (2) signed reproducible copies shall be returned to the subdivider for recording by Craven County Register of Deeds. After recording, one (1) reproducible copy and three (3) black or blue prints shall be filed with the Zoning Administrator.
4-16. Recording of the Final Plat
The subdivider shall file the approved final plat with the Register of Deeds of Craven County for recording within sixty (60) days after the date of approval by the Town Council. Otherwise, such approval shall be null and void.
4-17. Resubdivision Procedures
For any replatting or resubdivision of land, the same procedures, rules and regulations shall apply as prescribed herein for an original subdivision. Lot sizes may, however, be varied on an approved plan after recording, provided that:
(a) no lot or tract of land shall be created or sold that is smaller than the size shown on the approved plan;
(b) drainage, easements or rights-of-way shall not be changed;
(c) street alignment and block sizes shall not be changed;
(d) the property line between the back of the lots shall not be changed;
(e) the rear portion of the lots shall not be subdivided from the front part;
(f) the character of the area shall be maintained.
ARTICLE VIII
IMPROVEMENTS REQUIRED AND MINIMUM STANDARDS OF DESIGN
Section l. General Amend. 8-18-82, 5-21-86, 10-20-93 & 9-20-00
Each subdivision shall contain the following improvements, depending on the proposed lot sizes as expressed in the following chart:
IMPROVEMENTS REQUIRED
Lot Areas in 1,000 Square Feet Multi-Family
20 15 Group
Graded Streets & Lots x x x
Drainage x x x
Central Water & Hydrants x x x
Public Sewer x x x
Paved Streets x x x
Max. Street Grade 8% 8% 5%
Street Lights* x x x
Trees x x x
Underground Wiring (Electric, telephone x x x
& Cable TV installation)
Recreation Area x x x
* At the appropriate time during the subdivision development the Town will arrange street light installation by Carolina Power and Light Company in accordance with their standards. The developer will pay to the Town the prevailing Carolina Power and Light underground installation charge per pole. The type of street light will be subject to Town approval.
Section 2. Suitability of Land
Land subject to flooding, improper drainage, erosion or that is for topographical or other reasons unsuitable for residential use as determined by the Planning Board shall not be platted for residential use nor for any other uses that will continue or increase the danger to health, safety, or property unless the hazards can be and are corrected.
2-1. Prevention of Flood Damage
Lands known to be within a flood plain or any area known to be subject to flooding shall be so identified on the preliminary plat. Further, any lands located in Zone A as indicated by the Flood Hazard Boundary Map issued by the Federal Insurance Administration covering land in the jurisdictional area of the Town of River Bend shall be developed only in compliance with the Flood Disaster Protection Ordinance of the Town of River Bend.
2-2. Fill Areas
Areas that have been used for the disposal of solid waste shall not be subdivided into commercial or residential building sites. This shall include those areas that have been used for the disposal of trash, demolition waste, and other waste materials.
Section 3. Name of Subdivision
The name of a subdivision shall not duplicate nor closely approximate the name of an existing subdivision within the Town of River Bend.
Section 4. Natural Assets
In any subdivision, due consideration shall be given to preserving natural features such as trees, ponds, streams, rivers, and lakes which are of value not only to the subdivision but to the Town of River Bend as a whole.
Section 5. Sedimentation Pollution Control
In order to prevent soil erosion and sedimentation pollution of streams, springs, flat water bodies, or other drainage networks, the subdivider shall comply with all requirements of the "North Carolina Sedimentation Control Pollution Act of 1973" and any locally adopted sediment control ordinances and shall provide written approval of all appropriate governmental agencies.
Section 6. Storm Water Drainage Amend. 1-19-94
The subdivider shall provide an adequate drainage system for the proper drainage of all surface water. The design of such system shall be subject to the approval of the Town Council.
6-1. No surface water shall be channeled or directed into a sanitary sewer.
6-2. Where feasible, the subdivider shall connect to an existing storm drainage system.
6-3. Where an existing storm drainage system cannot feasibly be extended to the subdivision, a surface drainage system shall be designed and constructed to protect the proposed development and adjacent properties from water damage. Amend. 1-19-94
6-4. Where drainage along side or rear lot lines is required, such drainage shall be by means of appropriate storm water piping and catch basins or ditches with erosion-resistant slopes and bottoms, such as marl rip-rap, mulching, sodding, etc. The Planning Board shall recommend areas to be piped. Added 1-19-94
Section 7. Water and Sewerage Systems
The preliminary subdivision plat must be accompanied by satisfactory evidence as to the proposed method and system of water supply and sanitary sewage collection and disposal.
7-1. Water supply systems shall be connected to the Town’s water system and shall be approved by the Town’s Water Resources Department as to the size of mains, points of connection to the Town’s water supply system, turn off valves and loops in the system. At the time of approval the Water Resources Department shall provide the developer with a list if impact costs to ensure the adequate supply of water to the subdivision. These costs shall be paid for by the developer.
Amend. 3-17-99
7-2. Water supply systems shall be further approved by the Water Resources Department and the Fire Department as to location of hydrants and size of mains feeding the hydrants. Amend. 3-17-99
7-3. Sewerage systems shall be connected to the Town’s sewerage system and shall be approved by the Town’s Water Resources Department as the proper flow, number of lift stations required, emergency pumping facilities and points of connection to the Town’s sewage system. At the time of approval, the Water Resources Department shall provide the developer with a list of impact costs in ensure the adequate flow of sewage from the subdivision to the treatment facility. These costs shall be paid for by the developer. Amend. 3-17-99
Section 8. Streets
8-1. Coordination and Continuation Streets Amend. 2-19-92 & 10-17-01
The planned street layout of a proposed subdivision shall be compatible with existing or proposed streets and their classifications on adjoining or nearby tracts. The location and design of streets shall be in conformance with any applicable, adopted thoroughfare plan.
8-2. Access to Adjacent Properties
Where, in the opinion of the Planning Board, it is necessary to provide for street access to an adjoining property, proposed streets shall be extended by dedication to the boundary of such property and a temporary turn-around shall be provided.
8-3. Street Names
Proposed streets which are obviously in alignment with existing streets shall be given the same name. In assigning new names, duplication of existing names shall be avoided and in no case shall the proposed name be phonetically similar to existing names irrespective of the use of a suffix such as street, road, drive, place, court, etc. Street names shall be subject to the approval of the Planning Board.
8-4. Design and Construction Standards Amend. 2-19-92, 01-19-01 & 01-17-01
The subgrade soil test, design and construction of all private and public streets and roads within the Town of River Bend shall be in accordance with the minimum construction standards for Local Residential Subdivision Roads and Residential Collector Roads established by the North Carolina Department of Transportation, Division of Highways, for acceptance on the State highway system. Minimum right-of-way and pavement width shall be fifty (50) feet and eighteen (18) feet, respectively, for Local Residential Subdivision Roads. Minimum right-of-way and pavement width shall be sixty (60) feet and twenty two (22) feet, respectively, for Residential Collector Roads.
This criteria outlined on the following "Engineering Survey Criteria" is submitted, and
The survey is certified by a licensed professional engineer who has been contracted by the Town.
Thus, the engineer will advise the Council on adequacy of the streets that are petitioned for transfer to Town maintenance.
ENGINEERING SURVEY CRITERIA
The engineer conducting this survey shall understand that the Town recognizes that the subject subdivision streets serve only local traffic and will never be through streets. As a result, the street width, paving standards, marking standards and sight line may be and will remain different from the standards of the Town's through streets.
The engineer shall provide recommendations as to the details of dedicated right-of-way and easements that should be conveyed to the Town if subdivision streets are to become "public". These recommendations shall be made in general terms and is not intended that the contracted engineer will conduct a platted survey in support of his recommendations. The engineer shall work with the individual homeowners to see if useful plats already exit and not require the homeowner associations to waste resources in resurvey work.
The engineer shall provide detailed recommendations as to the necessary right-of-way and/or easements necessary to maintain Town water, sewer, storm drainage and other utilities for the subdivision. This recommendation shall also take into account the subdivision and its relationship to the Town-wide storm drainage plan.
The engineer shall, at his professional judgment, perform at least one test on each street to determine the adequacy of street subgrade. This test shall be in an area that the engineer considers representative of the individual street condition.
In conducting this survey and recommending repairs, the engineer shall provide a report that will produce subdivision streets to be made "public" that will require no major repairs or repaving for a period of five years (or a lesser period if mutually agreed to by the petitioning subdivision and the Town Council) following acceptance. A part of the final report shall include completed page(s) for each subdivision generally in the format of the form as written below.
ENGINEERING REPORT FORM
|
name of street |
street width |
street length |
pavement type |
condition of pavement |
repairs recommended yes or no |
centerline markings yes or no |
other markings |
8-5. Street Name Signs Added 01-16-91
Each subdivider, no later than ten (10) days after final plat approval, shall furnish and install all street name signs, posts, and associated hardware for streets in the development at each street corner according to current street sign specifications of the Town of River Bend. The location shall be shown on the preliminary and final plats.
Section 9. Design Standards for Blocks
9-l. General
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 contemplated; zoning requirements as to lot sizes and dimensions; needs for vehicular and pedestrian circulation; control and safety of street traffic; limitations and opportunities of topography; and convenient access to water areas.
9-2. Block Length
Blocks shall not be less than four hundred (400) feet nor more than thirteen hundred twenty (1,320) feet in length.
9-3. Block Width
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, or when abutting a water area.
9-4. Pedestrian Crosswalks
Where deemed necessary by the Planning Board, a pedestrian crosswalk at least fifteen (15) feet in width may be required to provide convenient public access to a public area such as a park or school, to a water area such as a stream, river or lake, or to a golf course tee.
Section 10. Design Standards for Lots
10-1. General
The lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
10-2. Subdivisions Subject to Zoning Ordinance District Regulations
Lots in subdivisions located within a district specified by the zoning ordinance shall meet and conform to all lot size, dimension, and building setback requirements of said zoning district.
10-3. DELETED 04-18-90
10-4. Large Tracts or Parcels
Where land is subdivided into larger parcels than ordinary building lots, such parcels should be so arranged so as to allow for the opening of future streets and logical further resubdivision.
10-5. Cul-de-sac Streets Added 10-17-01
To the extent practicable, streets shall interconnect within a development as well as with surrounding streets. Cul-de-sac streets shall be permitted only when approved by the Planning Board.
Section 11. Design Standards for Easements
Easements shall be provided as follows:
11-1. Utility and Drainage Easements
Easements for utilities and drainage shall be provided where necessary across lots and preferably centered on rear or lot side lines and shall be at least ten (10) feet in width.
11-2. Buffer Strips
A buffer strip at least ten (10) feet in width may be required by the Planning Board adjacent to a major street or a commercial development. This strip shall be in addition to the normally required lot dimensions, shall be part of the platted lot, and shall be reserved for the planting of trees and shrubs by the owners.
Section 12. Placement of Monuments
Unless otherwise specified by this ordinance, the Manual of Practice for Land Surveying as adopted by the North Carolina Board of Registration for Professional Engineers and Land Surveyors, under provisions of Section 16, Chapter 89, of the North Carolina General Statutes, shall apply to the conducting of surveys for subdivisions; to determine the accuracy for surveys and placement of monuments, control corners, markers, and property corner ties; to determine the location, design and material of monuments,
markers, control corners, and property corner ties; and to determine other standards and procedures governing the practice of land surveying for subdivisions. The Suburban Land Survey (Class B) criteria shall apply to all subdivisions in the jurisdictional area of the Town of River Bend except for commercial surveys.
Section 13. Construction Procedures
13-l. Commencement Amend. 7-18-90
No construction shall commence in a proposed subdivision until the final plat has been approved and recorded as provided in this subdivision and all plans and specifications have been approved by the appropriate authorities.
13-2. Permits Amend. 7-16-86 & 10-17-90
No Initial Zoning Permit or other permits shall be issued for erection of a structure on any lot not of record at the time of adoption of this ordinance until all the requirements of this ordinance have been met.
13-3. Access
The administrator of this ordinance shall have access to premises and structures during reasonable hours to make those inspections as deemed necessary to ensure compliance with this ordinance.
13-4. Inspection
The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the administrator of this ordinance to provide for adequate inspection. The approving authorities having jurisdiction or their representatives shall inspect and approve all completed work prior to release of the sureties.
13-5. Erosion Control
The subdivider shall cause all grading, excavations, open cuts, side slopes, and other land surface disturbances to be so mulched, seeded, sodded, or otherwise protected as to comply with the provisions of Article VIII, Section 5.
13-6. Existing Flora
The subdivider shall make every effort to protect and retain all existing trees, shrubbery, vines, and grasses not actually lying in public roadways, drainageways, building foundation sites, private driveways, soil absorption waste disposal areas, paths, and trails. Such trees are to be protected and preserved during construction in accordance with sound conservation practices recommended by the United States Department of Agriculture in Agriculture Information Bulletin No. 285. Protecting Trees Against Damage From Construction Work, United States Government Printing Office, 1964. Such trees are to be preserved by well islands or retaining walls whenever abutting grades are altered. Temporary vegetation and mulching shall be used to protect critical areas, and permanent vegetation shall be installed as soon as practical.
13-7. Construction
Construction at any given time shall be confined to the smallest practical area and for the shortest practical period of time.
Section 14. Oversized Improvements
The Town of River Bend may require installation of certain oversized facilities, such as water mains, when it is in the interest of future development. The Town of River Bend shall pay for that portion of the improvement which exceeds standards which otherwise would comply with this ordinance.
ARTICLE IX
PLANNED RESIDENTIAL DEVELOPMENTS
GROUP DEVELOPMENTS
Section 1. General
Where topography or other existing physical conditions are such that compliance with the requirements of this ordinance would cause an unusual and unnecessary hardship on the subdivider above and beyond what other subdividers would meet, the Town Council may vary the minimum requirements set forth herein, provided that such variation will not have the effect of nullifying the interest and purpose of these regulations. Where a variation is accepted, the reasons for such shall be noted in the minutes of the Town Council.
Section 2. Exceptions for Planned Developments
The purpose of this Article is to provide desirable open space in commonly owned areas, tree cover, recreation area, scenic vistas, and variety in development by allowing certain variations in lot sizes and design requirements, and the establishment of townhouses, condominiums, and other group developments. In no case shall the overall density of units be greater than that permitted by the applicable zoning requirements. Subject to the approval of the Town Council, the design standards as set forth in this ordinance may be modified by the Planning Board in the case of a plan and program for a planned development which may consist of offices, institutions, stores and residences or any desirable combination of such establishments. Proposed ownership of planned developments may be by one individual, partnership, corporation, cooperative, association or any desirable combination. A preliminary and final plat of a planned development shall be submitted pursuant to the provisions of this Article in conformity with the following:
2-1. Common Area
All planned developments shall contain commonly owned land equal in area to 20% of the entire development. Common areas shall not be less than 2 acres in size and, except where such land is submitted to the provisions of the North Carolina Unit Ownership Act, shall be held in a non-profit corporate ownership by the owners of lots within the development. In consideration of the purpose served by a planned development, the title to such common areas or property shall be preserved to the perpetual benefit of the private properties in the development and shall be restricted against private ownership for any other purpose. If the corporation desires, improvements may be made within the common areas provided that maximum coverage for such improvements shall not exceed 25% of the entire common property. The developer shall submit and, after approval by the Town Council, record a declaration of the covenants and restrictions that will govern the ownership, management and maintenance of the common areas.
2-2. Density
Individual lot size may be varied, but the overall density of a planned development shall not exceed that permitted by the applicable zoning requirements. All remaining land not shown as lots or units shall be designated as common areas.
2-3. North Carolina Unit Ownership Act
Before a declaration establishing a condominium or unit ownership development may be recorded, the declaration and plan shall be approved by the Town Council.
2-4. Site Plan
Site plans for all planned developments shall show the location of the buildings, streets, alleys, walks, parking areas, recreation areas, tree covers and plantings. The site plan shall number and show the dimensions of all building sites and all streets and utility easements to be dedicated to the public. All areas on the site plan other than public streets, easements or private building sites shall be shown and designated as common areas.
2-5. Landscape Plan
A landscape plan for all planned developments shall show all existing and proposed plant material. The plan shall indicate the size and type of existing plant material and the size and type of plants to be planted.
2-6. Public Access, Easements and Private Party Walls
Building lots may abut or be provided with frontage on common areas, properly restricted through a property owners association to assure adequate access, if in the opinion of the Town Council a public street is within an acceptable distance and would allow adequate community services. Easements over the common areas for access, ingress, and egress from and to public streets and walk-ways and easements for enjoyment of the common areas, as well as for parking, shall be granted to each owner of a lot or unit. All common walls between individual residences shall be party walls and provisions for the maintenance thereof and restoration in the event of destruction or damage shall be established.
2-7. Utilities and Improvements Required
All planned developments shall include central water and public sewer systems, paved streets, underground electric and telephone service, landscaping and any other improvements considered necessary by the Town Council.
ARTICLE X
PUBLIC FACILITIES
Amend. 6-16-82, 1-15-86, 7-15-87, 10-21-87 & 11-19-97
Section 1. Recreation Areas
1-1. Every person who subdivides land for residential purposes shall be required to dedicate a portion of such land as set forth in subsection 1-2 of this ordinance for the purpose of providing open space sites, recreation areas or parks to serve the future residents of the town.
1-2. Amount of land to be dedicated. The amount of land required to be dedicated by a subdivider or developer shall be based upon the most recent census population figures for an average size family in the Town of River Bend, and a park and recreation standard factor of seven (7) acres per one thousand (1,000) persons determined by the following formula:
Total # of Dwelling x Average Size x .007 Acres = Amount of Land
Units Proposed of Family per Person to be Dedicated
Example:
50 Units x 2.6 persons/unit x .007 acres/person = .91 acres to be dedicated.
1-3. Payment in cash in lieu of dedication of land. When it is determined by the Planning Board that a dedication of land as provided in subsection 1-1 is not preferable, as for reasons of size, suitability, topography, location reasonable access or town planning, the Planning Board may, with the approval of the Town Council, require the subdivider or developer to pay to the Town of River Bend a fee based on the formula outlined in subsection 1-4. Payment shall accompany submission of the final plat. Amend. 10-21-87 and retroactive to Jan. 15, 1987; Amend. 11-19-97.
1-4. Amount of payment in lieu of dedication of land. The amount of money required to be paid in lieu of dedication by a subdivider or developer shall be an amount based upon the latest census figures for an average size family in the Town of River Bend, a park and recreation standard factor of seven (7) acres per one thousand (1,000) persons and the average per acre value for property tax purposes of the land to be subdivided determined by the following formula:
Total # of Average .007 acres Avg./acre Value Amount of Payment
Dwelling x Size of x per x of Property for x in lieu of
Units Proposed Family Person Tax Purposes Dedication
Purposes
Example:
50 Units x 2.6 persons/unit x .007 x Avg./acre value = Amount of payment
Amend. 10-21-87 and retroactive to Jan. 15, 1986.
1-5. The land dedicated under subsection 1-1 above shall be used only for the purpose of providing recreation, park and open space areas.
1-6. The Town Council shall have the authority to sell land dedicated under subsection 1-1 above and the proceeds of any sale and all payments in lieu of dedication under subsection 1-3 above shall be used only for acquisition and/or development of other recreation, park or open space areas.
1-7. Criteria for evaluating suitability of proposed recreation, park and open space areas shall include but not be limited to the following as determined by the Town Council:
1-7.1. Unity. The dedicated land shall form a single parcel of land except where the Town Council determines that two parcels or more would be in the public interest. In such a case, the Town Council may determine that a corridor of open space connecting such parcels is in the public interest, in which event the corridor shall not be less than thirty (30) feet wide for the purpose of accommodating a path or trail.
1-7.2. Shape, Topography and Subsoils. The shape, topography and subsoils of the dedicated land shall be such as to be usable for active recreation (play areas, ball fields, tennis courts, or similar uses.)
1-7.3. Accessibility. Public access to the dedicated land shall be provided either by an abutting street or public easement. Such easement shall not be less than thirty (30) feet wide.
Where the Town Council determines that recreation needs are being met adequately, either by other dedicated parcels or existing recreation facilities, then land that is not used for recreation may be dedicated as open space.
1-8. Notwithstanding the provisions of this Article to the contrary, to the extent that the land to be subdivided lies within a subdivision developed under this ordinance and for which recreation area previously has been dedicated or for which a payment in lieu of dedication previously has been made, such land shall be excluded from the applicability of this Article.