TA23-05 Public Comment Release Package 10-6-2023
UDO Maintenance Amendment
Code Sections Affected
Section 5.4,
Landscaping and
Buffering
Appendix 1, Final
Plat Certificates
Key Intent
• Better reflect Planning staff’s assigned role in the landscape bond review
process.
• Ensure the Unified Development Ordinance is current with the needs of NCDOT
and county Engineering.
Changes
• Reinforced the county staff’s assigned role by the Board of
Commissioners in accepting and processing bonds for required
landscaping improvements.
• Added a certificate used by county Engineering related to
impervious surface limitations that was not previously in the
Appendix.
• In conjunction with NCDOT, proposed revised language about the
possibility of private road adoption by NCDOT intended to be
clearer for developers, NCDOT, and the public.
PROPOSED AMENDMENT
The proposed draft text amendment for public comment is attached, with red italics indicating new
language and strikethrough indicated text that is to be removed.
Section 5.4.2 General Standards
G. No certificate of occupancy for any construction or renovation shall be issued until one of the
following conditions is met:
1. The required landscaping is completed in accordance with the approved plan;
2. A bond or certified check, in an amount submitted by the developer and certified by
the County Commissioners to be acceptable, is posted and is available to the County;
or
3. An irrevocable letter of credit or deposit of funds in escrow, in an amount submitted by
the developer and certified by the County Commissioners to be acceptable, is issued by
a bank in a form approved by the County Attorney.
Appendix 1: Final Plat Certificates
L. Certificate of Disclosure: PRIVATE ROADS
I (we) the developers of _________________ subdivision located in the unincorporated area of
New Hanover County understand that the roads in said subdivision are designated private. I
understand that ownership and maintenance of the roads will be the responsibility of the developer
until such time that the developer designates the responsibility to the property owners’ association.
Responsibilities must be accepted by the homeowners association as specified in the homeowner
covenants for said subdivision. The private roads in said subdivision are to be constructed in
accordance with Article 6 Subdivision Design and Improvements Section 52-4 of the New Hanover
County Subdivision Unified Development Ordinance and all applicable County Codes which includes
the design, installation, inspection, and approval by a licensed Professional Engineer (PE)
recognized in the State of North Carolina prior to final plat approval for all or a portion of the
subdivision. If all or a portion of the road infrastructure system within the subdivision is bonded
through a surety, performance bond, or cash escrow, no bond shall be released until all road
construction improvements are complete and certified by the Professional Engineer.
It shall be disclosed to the prospective buyer of a lot or lots within the subdivision that road
maintenance shall run through the property owners association in perpetuity after acceptance from
the developer. until such time that the roads are re-platted as publicly designated roads and taken
over for maintenance through the North Carolina Department of Transportation (NCDOT) or
appropriate governing authority. There are no guarantees or assurances of future acceptance of
said roads by the North Carolina Department of Transportation.
Developers Name: ______________ Date: ________________
M. Private Roads Certification
I (we) hereby certify that all private roads as depicted on subdivision plat ____________ have
been designed, installed, inspected, and approved in accordance with Article 6 Subdivision Design
and improvements Section 52-4 of the New Hanover County Subdivision Unified Development
Ordinance and all applicable New Hanover County Codes prior to final plat approval for all or a
portion of the subdivision.
By certifying the construction of these roads as private, there are no guarantees or assurances of
acceptance of said the roads cannot be accepted by the North Carolina Department of
Transportation per General Statute 136-102.6.
Certified Professional Engineer:_________________ Date: _________________
Seal___________
P. Stormwater Disclosure
I (we) acknowledge that this subdivision is subject to the New Hanover County Stormwater
Ordinance. If the total impervious coverage for the combined parcels exceeds 10,000 square feet,
an application for an “Authorization-to-Construct” and approved stormwater control measures will
be required.
Owner: _____________ Date: ____________