HomeMy WebLinkAboutArticle 6 - Subdivision Design and Improvements_Updated_05-03-2021Unified Development Ordinance | New Hanover County, NC 6-1
Article 6: Subdivision Design and Improvements
Section 6.1. General Purpose
The purpose of this article is to regulate and control the subdivision of land in the
unincorporated County to promote the public health, safety, and general welfare of County
residents. More specifically, this article is designed to promote the orderly development of New
Hanover County by:
6.1.1. Coordinating the location and construction of streets and highways within proposed
subdivisions with existing or planned streets and highways, and with other public
facilities;
6.1.2. Coordinating the dedication or reservation of rights-of-way or easements for street and
utility purposes;
6.1.3. Facilitating the adequate provision of water, sewerage, parks, schools, and playgrounds;
6.1.4. Facilitating the further re-subdivision of larger tracts into smaller parcels of land; and
6.1.5. Distributing population and traffic so as to avoid congestion and overcrowding which will
create conditions essential to public health, safety, and the general welfare.
Section 6.2. Design Standards
6.2.1. GENERAL PROVISIONS
Any land area subject to the standards of this article determined by the County
Commissioners to be unsuitable for residential occupancy shall be prohibited for
subdivision development. The County Commissioners in making their determination
shall be guided by an analysis of available data on topography, soils, flood plains,
drainage, and ground and surface water.
The standards and requirements of this Article may be modified by the Planning
Board in the case of a plan and program for a group, cluster, or planned unit
development, which, in the judgment of the Planning Board provides adequate
public spaces and improvements for circulation, recreation, light, air, and service
needs of the tract when fully developed and populated, and which also provides
such covenants or other legal provisions as will assure conformity to and
achievement of the Land Development Plan.
6.2.2. SPECIFIC STANDARDS
A.Minimum Requirements
All subdivisions shall comply with the following standards.
1.Alleys
Alleys are permitted in residential districts if the TRC determines special
conditions warrant a secondary means of access. Design standards for
alleys that are permitted shall be consistent with those recommended by
the North Carolina Department of Transportation, Division of Highways
(NCDOT).
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2.Blocks
Blocks within all subdivisions shall comply with the following standards.
a.General
The lengths, widths and shapes of blocks shall be determined with
regard to provision of adequate building sites suitable to the special
needs of the type of use contemplated; the dimensional standards in
the district related 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
public recreational areas.
b.Block Length
Blocks shall not exceed 1,000 feet in length.
c.Block Width
Blocks shall have sufficient width to allow two tiers of lots of minimum
depth, except where single tier lots are required to separate
residential development from through vehicular traffic, to separate the
lots from another type of use, to provide for uncongested traffic flow,
to allow for unusual topographic conditions or in instances where the
lots are adjacent to subdivision perimeter property lines.
d.Pedestrian Access
Where deemed necessary by the TRC, a pedestrian access at least
15 feet in width may be required through a block or connecting streets
or cul-de-sacs to provide convenient public access to a public or
common area such as a park, open space area, school or a water
area.
3.Buffer Easements
a.The County may require an easement as much as 50 feet in depth, in
addition to the normal lot depth, for subdivisions adjacent to railroads,
major streets, highways, or thoroughfares, and between various types
of developments. This easement shall be part of the platted lots, but
shall have the following restriction notice on the face of the plat:
This easement is established for the purpose of the
planting of trees or other types of vegetation or the
preservation of existing vegetation; the erection of
structures on the easement and through access by
motorized vehicles is prohibited.
b.Buffers shall comply with Section 5.4, Landscaping and Buffering.
4.Building Setback
The minimum building setback or the distance between the street right-of-
way and the building line shall not be less than that established in the
dimensional standards for the district in which the subdivision is located.
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Proposed building setbacks shall be measured from the most restrictive
right-of-way line as determined by the dedication or reservation of such
right-of-way.
5.Easements
Easements shall comply with the following standards:
a.Storm Sewer, Sanitary Sewer, or Water Main Utility Easements
1.Utility easements for storm sewers, sanitary sewers, or water
mains shall be separate and distinct from any building area on a
lot, and shall be separate from the lot or located along the lot line,
or entirely on a lot, as determined by the Cape Fear Public Utility
Authority and the County Engineer.
2.Easements up to 30 feet or more in width are required for gravity
sewer lines.
3.Easements of not less than 15 feet are required for water lines,
other underground and above ground public utilities, or for piped
drainage facilities.
4.Shallow swale easements along the perimeter of lots may be less
than 30 feet if they are determined safe and adequate by the
County Engineer.
b.Drainage Easements
Where a subdivision is traversed by a watercourse or drainage way,
an easement shall be indicated on all plats of the subdivision. The
easement shall conform substantially with the lines of the
watercourses or drainage ways and shall be of sufficient width for
maintenance purposes, as determined by the County Engineer. The
County Engineer may require the subdivider to convey easements to
the County providing access to and along watercourses or drainage
ways traversing the subdivision for the purpose of maintaining such
watercourses or drainage ways. (3/03)
c.Electrical and Communication Utility Easements
Electrical and communication utility easements may be required along
perimeter lot lines for underground or aboveground public or private
utilities. The width of such easements shall be based upon the type of
utility installed as required by the design specifications and the area
required for adequate maintenance of the utilities. It is recommended
that electric power and communications services be placed
underground.
d.Deeds of Easements
1.Easements to be dedicated to the County for the operation, use,
replacement and maintenance of public open space and public
utilities, including but not limited to water mains, sanitary sewer
mains, stormwater management facilities, and all appurtenances,
together with the means of access to them, shall be dedicated for
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the public use by a separate deed of easement. If such
easements are correctly and adequately described on the final
subdivision plat, the easements may be described in a separate
deed of easement by reference to the recorded final plat. The
appropriate governing body shall ascertain that the easements are
correctly and adequately described on the final plat.
2.The deed of easement shall be in the format as determined and
approved by the County Attorney. All utilities, appurtenances, and
facilities within the easement to be dedicated shall be constructed
to the specifications of the County, and shall remain the property
of the subdivider until officially accepted for operation, use. and
maintenance as part of the County’s system. Official acceptance
shall be by resolution of the Board of County Commission. The
deed of easement shall be recorded with the Office of the Register
of Deeds.
6.Lots
Lots shall be laid out as follows:
a.A lot’s size, and its shape and location on a site shall respect the
natural features of the site, including but not limited to topographic
conditions, waterways, wetlands, contemplated use, and the
surrounding area.
b.Lots in subdivisions shall comply with the dimensional standards and
other regulations and requirements of the zoning district win which
they are located.
c.Corner lots for commercial development shall have width sufficient to
permit adequate building setback from side streets or driveways.
d.Double frontage or reverse frontage lots shall be avoided, to the
maximum extent practicable.
e.Side lot lines shall be substantially at right angles or radial to street
lines. Where side lot lines intersect at the rear of the lot, the angle of
intersection should not be less than 60 degrees.
f.Lots shall not have a depth greater than four times their mean width.
g.Each lot in a subdivision shall individually abut or be adjacent to an
approved public or approved private street or private access
easement. Condominium and townhouse-style subdivisions may be
exempted from this requirement at the discretion of the TRC, provided
that in all cases each individual lot shall be assured safe and
reasonable vehicular access to and from an approved street.
h.Every conventional residential lot shall front a public or private street
or access easement for a distance of at least 34 feet.
7.Streets
a.Local streets shall be laid out so that their use by through traffic will be
discouraged.
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b.All streets shall be designated by the subdivider to be either public or
private in accordance with North Carolina General Statute 136-102.6.
The streets shall comply with the requirements of the N.C.G.S. The
subdivider shall submit concurrently with the final plat all disclosure
statements required by the General Statute.
c.When a planned subdivision is adjacent to an arterial, a marginal
access street may be required to provide access for lots fronting on
the arterial.
d.All streets that are in alignment with other existing and named streets
shall bear the existing street name. Names of proposed streets or
subdivisions shall not duplicate or be phonetically similar to existing
street names. No proper names can be used. It shall be the
responsibility of the subdivider to erect official street name signs at all
intersections associated with the subdivision in accordance with the
Addressing Standards and Procedures Manual. The subdivider may
acquire and erect official street name signs or may choose to contract
with the County to install the street signs, which shall be paid for by
the subdivider.
e.Access to Adjacent Properties
The arrangement of streets in subdivisions shall make provisions for
the continuation of existing streets in adjoining areas, or their proper
projection where adjoining land is not subdivided and where they may
be deemed necessary for public requirements. For large subdivisions
adjacent to large tracts of unsubdivided property, street projections
shall be required into the adjacent unsubdivided tracts at a maximum
distance of every 1000 feet. The street arrangement shall be such as
not to cause a hardship to owners of adjoining property when
developed and when they seek to provide for convenient access
thereto. The use of residential strips of land in order to prevent the
extension of proposed or existing streets or access thereto is
prohibited.
f.Alignment with Thoroughfares
1.When any portion of a proposed major thoroughfare of the urban
area runs through or is associated with the tract of land to be
subdivided, the pattern of streets within the proposed subdivision
shall be in accordance with the proposed alignment of corridors or
rights-of-way of said official thoroughfare plan. Such rights-of-way
as required by the appropriate governing agency shall be shown
on all plats, preliminary and final.
2.When any portion of a major or minor thoroughfare that is shown
on the Wilmington Urban Area Thoroughfare Plan, as amended,
runs through or is associated with the land to be subdivided, the
subdivider shall design the street network and shall dedicate the
maximum right-of-way width required by NCDOT. The subdivider
shall also reserve any additional right-of-way as shown in the
Thoroughfare Plan. No buildings or structures shall be
constructed the reserved right-of-way area. Such reservations
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shall expire 24 months from the date of recordation of the final
subdivision plan, unless the right-of-way is acquired by a public
agency.
3.When any portion of a proposed major or minor thoroughfare
shown on the Wilmington Urban Area Thoroughfare Plan runs
through the tract of land to be subdivided, both the preliminary
plan and final plat for the subdivision shall disclose the presence
of the planned thoroughfare by including a note on the plat stating,
“This subdivision crosses a proposed thoroughfare right-of-way;
present status should be confirmed with the NC Department of
Transportation.”
g.Street Connectivity Standards
1.Interconnected street systems promote orderly and safe
development by ensuring that streets function in an independent
manner to provide adequate access for emergency and service
vehicles and enhance access by ensuring continuous and
connected transportation routes.
2.All proposed streets shall be continuous and connect to existing or
platted streets without offset with the exception of cul-de-sacs, as
permitted, and except as provided below.
3.The street network for any subdivision shall achieve a connectivity
ratio of not less than 1.40. The connectivity ratio shall be defined
as the number of street links divided by the number of nodes,
including cul-de-sac heads or other vehicle turnarounds. A "node"
refers to the terminus of a street or the intersection of two (2) or
more. Any curve or bend of a street that has a minimum centerline
radius of 100 feet or more shall not be considered a node.
Roundabouts also shall not be counted as nodes. A divided
entrance is one node.
4.A link shall be any portion of a street,
other than an alley, defined by a node
at either end. Street projections to
adjacent properties shall be
considered links. For the purpose of
determining the number of links in a
development, boulevards, median-
divided roadways, and divided
entrances shall be treated the same
as conventional two-way roadways.
Street links and nodes along a
collector or arterial street providing
access to a proposed subdivision
shall not be considered in computing
the connectivity ratio.
5.Residential streets shall be designed
to minimize the block length of local streets, to provide safe
access to residences with minimal need for steep driveways and
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to maintain connectivity between and through residential
neighborhoods for autos and pedestrians.
6.Where necessary to provide access or to permit the reasonable
future subdivision of adjacent land, rights-of-way and
improvements shall be extended to the boundary of the
development. A temporary turnaround may be required where the
dead end exceeds 500 feet in length. The platting of partial width
rights-of-way shall be prohibited, except where the remainder of
the necessary right-of-way has already been platted, dedicated, or
established by other means.
7.New subdivisions may be exempt from the connectivity ratio
standard as set forth in this section, provided the Planning
Director determines there is no option for providing stub streets or
connectivity due to existing documented environmental features
such as wetlands or natural water bodies or existing adjacent
developed property.
h.Intersections
Street intersections shall be laid out as follows:
1.Streets shall intersect as nearly as possible at right angle and no
street shall intersect at less than seventy-five (75) degrees.
2.Intersections with a major street shall be at least 800 feet apart,
measured from centerline to centerline.
3.Where a public or private street intersects a U.S. or N.C.
numbered highway, or a N.C. secondary road, the intersection
design shall be in accordance with the standards of the N. C.
Department of Transportation, Division of Highways.
4.Street jogs with centerline offsets of less than 200 feet are
prohibited.
i.Cul-de-sacs
A street designed to be permanently closed at one end shall have a
permanent turnaround at the closed end, the right-of-way and
pavement of which comply with the requirements specified by
NCDOT. Cul-de-sacs shall not be longer than 500 feet. Longer cul-de-
sacs may be authorized provided the Planning Director determines
there is no option for providing stub streets or connectivity due to
existing documented environmental features such as wetlands,
natural water bodies, topographical features, environmental conditions
or physical conditions such as property shape, property accessibility,
or land use relationships.
j.Public Street Projections
1.Where there are lots fronting street projections to adjacent
properties and services are required, a temporary turnaround that
complies with NCDOT specifications shall be constructed at the
end of the street at the property line.
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2. Where there are no lots fronting street projections to adjacent
properties frontage, the frontage being more or less one side lot
length, the street (that complies with NCDOT specifications) may
be constructed to the property line and dead-ended with no cul-
de-sac.
3. In any and all cases, the developer shall be responsible for the
cost of and placement of all required dead-end barricades and
signs.
4. Additional rights-of-way needed for a temporary turnaround at the
end of a street projection to adjacent properties shall be in the
form of temporary easements or rights-of-way reserved by the
subdivider. Upon extension of the street into the adjacent
property, the requirement for a cul-de-sac shall cease and the
temporary right-of-way granted for the cul-de-sac construction will
revert to the adjacent property owner.
5. Street projections proposed for access to adjacent properties shall
have temporary turnarounds installed in accordance with this
article and NCDOT specifications.
k. Temporary Vehicle Turnarounds
1. In phasing the construction of street improvements within
approved subdivisions, the developer shall make provision for
vehicle turnarounds at the end of street construction for each
phase.
2. If the street end of a particular planned phase of development is
within a distance of 250 linear feet, more or less, from the next
planned intersection in a succeeding phase, the developer shall
construct the street to, and complete all improvements within, the
intersection in accordance with requirements for completed
intersections, including barricades, as specified by NCDOT. The
completed intersection shall then serve as a vehicular turnaround.
l. When a lot or lots within a subdivision abut an existing public street,
highway, or thoroughfare, the subdivider shall be responsible for the
installation of all improvements to that portion adjacent to and which is
to be utilized by that subdivision.
m. Traffic Calming During Preliminary Site Plan Review
In some cases, the inclusion of traffic calming devices in subdivision
design is justified to promote speed limit compliance with posted
speed limits and for up-holding the long-term operational safety of
residential subdivision streets. Only traffic calming devices recognized
by the Institute of Transportation Engineers (ITE) and/or other
nationally recognized traffic engineering guidelines, with provisions to
minimize impacts on bicyclists, pedestrians, and emergency response
time shall be considered by the TRC for approval during the
Preliminary Site Plan Review.
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n.Traffic Calming on Existing Public Streets
Petitions for traffic calming devices on existing publicly designated
streets shall be considered by the NCDOT as referenced in NCGS
136-102.8.
o.Traffic Calming on Existing Private Streets
No traffic calming devices shall be installed by a property owners
association (POA) / homeowners association (HOA) until the following
review process is complete:
1.The review process for installing traffic calming devices on
existing private streets may be initiated by contacting the Planning
and Inspections Department to obtain a copy of the most current
Traffic Calming Petition Form and other associated informational
materials. Petitioners must first obtain signatures from at least 70
percent of parcel owners within the affected area to demonstrate
neighborhood support for traffic calming devices. The affected
area will be determined by a scoping process involving the
petitioner, a representation from the Planning and Inspections
Department, County Fire Services office, County Engineering, and
the Wilmington Urban Area Metropolitan Planning Organization
(WMPO) prior to petition submittal. Only one signature per parcel
is counted to determine 70 percent concurrence. County staff will
verify that signatures match current tax records. If the required
signatures are not obtained within 90 days, the petition will not
move forward. If the signatures are determined to be valid, a letter
from the Planning and Inspections Department will be sent to the
petition contact describing the minimum application requirements
to move forward with the review process.
2.To qualify for review, an application demonstrating the following
shall be provided by the petitioner to the Planning and Inspections
Department:
i.The road is privately owned and maintained with a functional
classification of local road or neighborhood collector;
ii.The roadway is “primarily residential”, with at least 75 percent
of the properties fronting on the street being located in a
Residential zoning district and/or residential land uses;
iii.Fifteen (15) percent of present day traffic exceeds 30 mph;
iv.Traffic volumes on the affected street must be less than 4,000
vehicles per day;
v.The street is not a primary route for emergency response;
vi.An active property owners association, as prescribed in
Section 6.3.4, Property Owners’ Association (POA), exists to
install and maintain traffic calming devices;
vii.A previous traffic calming device application has not been
denied for the affected area within the last 12 months;
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viii.Concurrence from a detailed engineering study that the traffic
calming devices are warranted and feasible to implement
within the affected area.
3.As a fundamental component of a complete traffic calming
application, the following criteria must be certified by a
professional legally recognized by a State of North Carolina
licensing board as licensed to perform such activities or
undertakings.
i.Roadway characteristics including alignment, grade, sight
distance, intersection spacing, driveway location, edge
treatments (curbing, shoulders, etc.), signage, pavement
markings and on-street parking;
ii.Vehicle characteristics of existing traffic (based on a three-
day vehicle classification study);
iii.Traffic speed and volume data (based on a three-day speed
and volume study);
iv.Three-year crash history;
v.Recommended traffic calming devices including typical details
(Recommended devices shall follow ITE and/or other
nationally recognized traffic engineering guidelines, with
provisions to minimize adverse impacts on bicycle, pedestrian
safety, and emergency response);
vi.A conceptual plan demonstrating the proposed location of
traffic calming devices and associated advanced warning
signage/pavement markings (as required by the most recent
version of the Manual on Uniform Traffic Control Devices);
vii.A recommended implementation schedule and preliminary
line-item cost estimates.
4.Upon submittal of a completed application to the Planning and
Inspections Department, the request will be considered by the
TRC at their next regularly scheduled meeting. The TRC has the
authority to reject an application based on engineering judgment,
an absence of documented need and/or concerns with adverse
impacts on emergency response, as well as bicycle and
pedestrian safety. If approved by the TRC, the petitioner may
initiate the final approval process by submitting the following
information to the Planning and Inspections Department:
i.Final construction plans and details sealed by a professional
legally recognized by a State of North Carolina licensing
board as licensed to perform such activities and undertakings,
ii.Final implementation schedule and line item cost estimates
(with associated contingency); and
iii.A surety in the form of a certified check and in accordance
with Section 6.3.2, Guarantees of Improvements, to
guarantee the installation of the traffic calming devices.
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5. Petitioners(s) may appeal the Technical Review Committee denial
of an application for a Preliminary Plan in accordance with Section
10.3.14, Appeal of Administrative Decision.
8. Street Trees
Except for trees in islands within dedicated rights-of-way, if street trees
are planted, they shall be planted inside the property lines where they are
less subject to injury, decrease the chance of accidents, and enjoy more
favorable conditions for growth.
9. Subdivision Names
Subdivision names shall not duplicate or be phonetically similar to
existing development or subdivision names within the County, except
where they are additions to existing developments.
10. Evacuation Access Design
Roads within the subdivision shall be designed to provide sufficient
capacity for safe and timely evacuation of residents in case of a hurricane
if the subdivision or parts of it are located in a V-zone. Factors involved in
determining the safety and timeliness of evacuation include the presence
of low points, bridges, or other evacuation route bottlenecks, and vehicle
capacities of the roads.
11. Barrier, Riverine and Estuarine Islands
Subdivisions that are located on riverine, estuarine, or barrier islands that
are not connected to the mainland by a permanent network of roads and
bridges shall establish a community boating facility on the island and on
the mainland with the number of spaces in each facility being equal to or
greater than the total number of lots.
12. Waterfront Access
Subdivisions that are located on riverine, estuarine, or barrier islands with
lots containing beach front or sound front property shall dedicate sufficient
property to ensure public access to the beach and sound. Such access
shall not be less than 10 percent of the beach frontage and 5 percent of
the sound frontage, and shall be spaced at intervals of no more than 1000
feet. Access ways shall not be less than 15 feet in width. These facilities
shall be approved by and dedicated to New Hanover County or the State
of North Carolina, and shall be directly accessible to a public road.
Dedicated streets which run to the mean high water line may count
toward meeting these requirements.
13. Transit Facilities
Transit system facilities (to include turnout lanes, shelters, signs, and
markings), as designated by the County, may be constructed, provided,
and installed in accordance with Technical Standards and Specifications,
and acceptable traffic engineering specifications and standards.
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14.Reservation of Sites for Public Facilities
To ensure orderly development of the County in accordance with the
general principles set forth in the Comprehensive Plan, it is
recommended that the subdivider reserve open spaces for such public
purpose as parks, playgrounds, schools, and fire stations, and to provide
the County an opportunity to buy this land at the fair market value for a
period of 6 months from the date of submission of the preliminary plan.
15.Mailbox Kiosks
[11-16-2020]
Cluster-style mailbox kiosks shall be provided as required by the U.S.
Postal Service. A paved area with ingress/egress to allow vehicles to pull
off, park, and re-enter the roadway safely shall be required for each kiosk
area. Kiosks shall be located in areas that will best allow for vehicle
parking, which shall be designed so as not to create pedestrian or vehicle
safety issues.
Section 6.3. Improvements
6.3.1. IN GENERAL
A.Following approval of the preliminary plan, the sub-divider shall submit to the
County Engineer and other appropriate state and local agencies design and
construction plans for the installation of the improvements as required by this
Ordinance and other specifications and policies of the County (see Section
10.3.7.D.2, Construction Plans Procedure).
B.Improvements within all subdivisions shall be installed and designed in accordance
with the standards of this article and such other technical standards and
specifications as have been adopted by New Hanover County or other entities with
responsibility for providing facilities and services. Whenever topographic or other
physical conditions of the site require more stringent engineering practices or
standards, such standards and practices shall be utilized and followed in the design
of a subdivision.
1.Access
All public agencies shall have access to the premises and structures of a
subdivision under this article, during reasonable hours, to make those
inspections deemed necessary by them to ensure compliance with the
provisions of this article.
2.Inspection
Prior to commencing any work within the subdivision the subdivider shall
make arrangements with the Planning Director to provide for adequate
inspection of the improvements.
3.Erosion Control and Stormwater Management
The subdivider shall cause all grading, excavations, open cuts, side
slopes, and other land surface disturbances to be mulched, seeded,
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sodded, or otherwise protected to comply with the approved
Sedimentation and Erosion Control Plan for the site.
4. Water Quality Improvement
The subdivider shall pursue an approved plan for the control and
improvement of surface water originating from rainfall running from
impervious surfaces created within the development. Such works, which
may consist of vegetated swales and retention structures, may be
designed in concert with those facilities required under the approved
Sediment and Erosion Control Plan, and in accordance with the Storm
Water Design Manual and Specifications.
5. Existing Flora
The subdivider shall make every effort practically possible to protect and
retain all existing vegetation not actually living in public roadways,
building foundation sites, private driveways, paths, and trails. Existing
trees shall be identified as prescribed in Section 5.4, Landscaping and
Buffering, and shall be protected and preserved during construction in
accordance with sound conservation practices. Temporary vegetation and
mulching shall be used to protect critical areas, and permanent vegetation
shall be installed as soon as practical.
6.3.2. GUARANTEES OF IMPROVEMENTS
Final plats of a subdivision shall be approved by the Planning and Inspections
Department after the subdivider has complied with one of the following
requirements:
A. The subdivider has installed all required improvements in accordance with the
provisions of this Ordinance; or
B. Except in the case of Minor Subdivisions, the subdivider of an approved preliminary
project in which the total cost of required improvements and administration does not
exceed $8,000,000.00 (the “Surety Limit”), provides a financial guarantee in-lieu of
constructing improvements. The surety limits stated in this section shall be adjusted
periodically in accordance with an appropriate established index approved by the
County Attorney.
1. The financial guarantee shall take one of the following forms, at the
election of the subdivider:
a. A surety bond issued by any company authorized to do business in
North Carolina;
b. A letter of credit issued by any financial institution licensed to do
business in North Carolina; or
c. Another form of guarantee that provides equivalent security to a
surety bond or letter of credit.
2. A financial guarantee may be deposited in escrow with an escrow agent
acceptable to the County, provided the subdivider shall file with the
County Engineer an agreement between the escrow agent and the
subdivider guaranteeing the following:
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a. The escrow account shall be held in trust until released by the County
and shall not be used or pledged by the subdivider in any other matter
during the term of escrow; and
b. If the subdivider fails to complete the required improvements, the
escrow agent shall, upon notification by the County and submission
by the County to the escrow agent of an engineer’s estimate of the
amount needed to complete the required improvements, immediately
either pay to the County the funds estimated to complete the required
improvements, up to the full balance of the escrow account, or deliver
to the County any other instruments fully endorsed or otherwise made
payable in full to the County.
3. The amount of the financial guarantee shall not exceed 125 percent of the
reasonably estimated cost of completion at the time the guarantee is
issued. Any extension of the financial guarantee necessary to complete
required improvements shall not exceed 125 percent of the reasonably
estimated cost of completion of the remaining incomplete improvements
still outstanding at the time the extension is obtained.
4. Conditions and stipulations to plat approval under this section are as
follows:
a. The subdivider shall furnish a bona-fide estimate of the required
improvements for verification by the County Engineer. Upon the
County Engineer’s determination that the estimate furnished is
reasonable, the subdivider shall deposit with the County the surety
bond, letter of credit, or other guarantee, as applicable, in the amount
of the estimate determined reasonable by the County Engineer.
b. In the event the subdivider obtains a surety bond or letter of credit as
its form of financial guarantee, such financial guarantee shall be
issued by a company authorized to do business in North Carolina.
c. Financial guarantees in the form of a surety bond, letter of credit, or
cash security may be reduced by the County Engineer if a portion of
the required improvements have been installed, inspected, and
approved. An addendum or amendment to the original surety bond or
letter of credit shall be required.
6.3.3. REQUIRED IMPROVEMENTS
[11-16-2020]
A. Permanent Monuments
Unless previously existing, a minimum of two permanent control monuments of
stone or concrete shall be placed at the point of intersection on the centerline of
intersecting public or private street rights-of-way or at the point of intersection of
the tangents of curves when such point lies within the pavement of the proposed
street. Otherwise, monuments may be placed on the centerline at the points of
curvature and at the points of tangency of curves which are to be dedicated for
street purposes. A table of dimensions, or dimension between control monuments,
shall be shown on the map. Metal castings or access boxes for the control
monuments mentioned above shall be placed in the pavement prior to release of
Unified Development Ordinance | New Hanover County, NC 6-15
final sureties for road construction or final approval of road construction.
(Reference N.C.G.S. 39-32.1)
1. Such monuments shall be set a minimum of nine inches below the
finished grade of the pavement. A metal casting of approved type will be
mounted over the monument with its base flange mounted on a brick
foundation with mortar joints of at least two course thickness, the top of
which must be a minimum of one and three-quarters inches higher than
the highest point of the monument. Permanent monuments shall be at
least 30 inches in length, six inches in diameter, and shall have a metal
pin or punch-marked metal plate embedded therein marking the point
represented on the final plat.
2. In addition to the two required Control Monuments, a control point (i.e.
railroad spike, P.K. nail, iron rod, rebar, etc.) shall be set at all other
centerline intersections, point of curvature, and points of tangency prior to
recordation. In the event that these points are destroyed during initial
project construction, it shall be the developer’s responsibility to have said
points replaced in their original horizontal position.
B. Lot Corners
All lot corners, other than those marked by permanent monuments as herein
described, shall be marked by metal stakes not less than three-quarter inches in
diameter, no less than two and one-half feet in length.
C. Sewage Disposal and Water Supply
1. Water Supply
All subdivisions shall be connected to the water system of the applicable
local governmental entity in order to provide water to every lot within the
subdivision. Mains shall be constructed in accordance with established
standards and policies. Water connections shall be constructed under the
supervision and approval of the CFPUA. If a connection cannot be made
to the public water system/CFPUA water system, the subdivider shall
submit to the County along with the Preliminary Plan, a letter of approval
of water supply signed by the appropriate authority. The subdivider shall
install these facilities in accordance with the approved plans. Water
distribution systems shall be installed in all new subdivisions.
2. Sewer Collection
All subdivisions shall connect to the sewerage system of the County in
order to provide sewer service to every lot within the subdivision. Due
consideration shall be given for existing or potential sewer lines for
adjoining property in the design and arrangement of sewer lines for the
proposed subdivision. If a connection cannot be made to the County’s
sewage system, the subdivider shall submit to the appropriate governing
body, along with the Preliminary Plan, a letter of approval of sewage
disposal system signed by the appropriate authority. The subdivider shall
install these facilities in accordance with the approved plans. Sewage
collection systems shall be installed in all new subdivisions.
6-16 New Hanover County, NC | Unified Development Ordinance
D.Streets
All streets shall be constructed, inspected, and approved in accordance with the
following requirements.
1.Construction
All street right-of-way segments designated as public or private shall be
constructed to minimum NCDOT standards. These standards are
available for review at the County Planning and Inspections Department,
the County Engineering Department, and at the Division Office of the
NCDOT.
2.Public Streets
a.Standards shall include drainage, bridge, right-of-way, and pavement
design.
b.The classification, and as a result, the construction standards for a
public street segment may be upgraded to a higher classification if
that street segment will eventually be required to provide access to or
collect traffic from future development on adjacent properties.
c.All public streets shall be inspected and approved by the District
Engineer, NCDOT, Division of Highways.
3.Private Streets
a.Streets designated as private shall be constructed to minimum
construction standards as adopted by New Hanover County and
certified by a professional, legally recognized by a State of North
Carolina licensing board, as being licensed to perform such activities
or undertakings.
b.Pavement design shall meet the requirements as specified and shown
in the road profiles depicted in Appendix A: Subdivision Appendices
and Certificates.
c.Streets designated as private may be allowed in subdivisions once
they are reviewed and approved by the TRC. In their review, the TRC
will consider unique physical conditions of the property, including but
not limited to connectivity, topography, geometric design, storm water,
tree preservation, ingress and egress, reduction of speed to desirable
or safe levels, and other safety measures, and that sufficient language
is provided through a legally established POA that the streets will be
properly maintained.
d.Whenever a private street intersects a U.S. or NC highway, or
Secondary Road, an approved NCDOT Driveway Permit signed by
the District Engineer is required prior to final plat approval.
e.Private road stubs and dead end streets shall be constructed/paved to
the property boundary, and shall not contain gates or obstructions to
qualify for connectivity standards as stated in Section 6.2.2.A.7.g.6.
f.Streets designed as collector roads that accept traffic from local
streets shall be required to be designated as public, and adhere to the
Unified Development Ordinance | New Hanover County, NC 6-17
standards under public streets, as noted above. (see Table for Private
Road ROW Specifications, General Standards, and Road Profiles
located in Appendix A: Subdivision Appendices and Certificates).
E.Surface Water Drainage
All drainage construction within the area of the proposed subdivision shall be
reviewed by the County Engineer for conformance with the County’s Stormwater
Management Ordinance and the Storm Water Management Design Manual.
Sufficient calculations shall be included with the preliminary plan to review
hydraulic computations. The subdivider shall do all grading and install all drainage
structures shown on the construction plans for the area specified by the final plat.
1.Wetlands, natural depressions, and areas of good draining soils shall be
used in the development of drainage plans, if they exist.
2.Discharge of runoff from impervious surfaces directly into natural water
bodies shall not be allowed. Runoff shall be routed along vegetated
swales, through filter media of vegetation, gravel, sand, or other media, or
to detention ponds for the purpose of increasing percolation and settling
and filtering out non-point pollutants.
F.Street Name Signs
The sub-divider shall be responsible for erecting street name signs at all
intersections within the subdivision. Signs on public streets shall conform with
existing NCDOT regulations.
G.Fire Hydrants
The subdivider shall be responsible for providing adequate fire protection for the
subdivision through the provision of fire hydrants. These fire hydrants shall be
constructed to specifications established by County Fire Services, based on the
current NC Fire Code standards. Hydrants shall be required as follows:
1.Subdivision with central water system:
For any major subdivision served by a central water system meeting state
requirements (Section .2101, Title 10, Chapter 10D NCAC) for fire
hydrants, the subdivider shall be required to install a fire hydrant at the
entrance to the subdivision and additional hydrants equal either to the
total linear feet of roadway divided by 1000 or the total number of
lots/units divided by 40, whichever is greater. These additional hydrants
shall be spaced evenly through the subdivision in order to provide
maximum fire protection coverage, as determined by the County Fire
Services. In no case shall a lot/unit be located more than 500 feet from a
hydrant.
2.Subdivision with surface water bodies:
For any major subdivision without a central water system meeting state
requirements, but either including or adjacent to an adequate permanent
surface water body, the subdivider shall do one of the following:
a.Install a dry fire hydrant as close to the water source as possible, with
the adequacy of the water source and the location of the dry fire
hydrant to be determined by County Fire Services; or
6-18 New Hanover County, NC | Unified Development Ordinance
b.Establish an easement or road to the water source providing
permanent all-weather access that is adequate for fire-fighting
equipment and vehicles as determined by County Fire Services.
H.Street Lights
The County, as applicable, shall install streetlights within subdivisions in
accordance with the standards of the County. In instances where underground
wiring is required, the subdivider shall be responsible for the initial contribution
required under the utility company’s street lighting service schedule (customer
participation) at the time of installation.
I.Entrance Signs and Lighting
Signs delineating the subdivision name and any lighting associated with such sign
shall be constructed in compliance with Section 5.6.2.J.1, Subdivision Identification
Signs. Sign location shall be shown on the preliminary plan for subdivision.
J.Sidewalks, Trails and Bikeways
Sidewalks, walkways, and other pedestrian ways shall be provided by the
subdivider within or adjacent to a subdivision, upon reasonable evidence that the
sidewalks, walkways, or other pedestrian ways would be essential for pedestrian
access to community facilities, that such is necessary to provide safe pedestrian
movement outside the street or street rights-of-way area, or that such is an
extension or could reasonably become an extension of existing sidewalks,
walkways, and other pedestrian ways. All sidewalks, walkways, and other
pedestrian ways shall be aligned as required by this Ordinance, and designed and
constructed to conform to NCDOT specifications. Sidewalks shall be indicated on
all preliminary plans.
1.Sidewalks shall be required to be constructed in the following
circumstances:
a.On a minimum of one side of the right-of-way of all arterial or collector
streets that are adjacent to the property to be developed;
b.On each side of the right-of-way of all arterial or collector streets that
run through property to be developed if the subdivider intends to
construct any portion of the thoroughfare as access to the subject
development; and
c.On one side of the right-of-way of all local streets extending through
the property to be developed in the R-15 and R-10 zoning districts.
d.On both sides of the right-of-way of all local streets extending through
the property to be developed in the R-7, and R-5 zoning districts.
e.Except as required above, low density developments in R-20 shall be
exempt from the sidewalk requirement.
f.On both sides of the right-of-way of all local streets and on at least
one side of all driveways or private drive aisles adjacent to parking
areas or buildings in the RMF-L, RMF-M, RMF-MH, and RMF-H
districts. [05-03-2021]
Unified Development Ordinance | New Hanover County, NC 6-19
2.The TRC may exempt sidewalk installation in specific cases upon a
finding that sidewalks are unnecessary for the protection of the public
safety or welfare due to conditions peculiar to the site.
3.Bikeways
The TRC may require the subdivider to make provisions for bikeways
within subdivisions, i.e., increased right-of-way, etc. If the subdivider
incorporates bikeways within a subdivision, the subdivider shall be
responsible for providing the required markings and the acquisition and
erection of all signs, signals, or other items in order to create safe
bicycling conditions as deemed necessary by the County.
6.3.4. PROPERTY OWNERS’ ASSOCIATION (POA)
A property owners’ association (POA) shall be established for each subdivision
containing private streets and drainage systems. The final plat for each such
subdivision shall contain a certificate indicating the book and page number of the
POA covenants, conditions, and restrictions. The covenants, conditions, and
restrictions shall specify lot owners' responsibilities for maintenance of streets,
utilities, storm water management facilities, drainage ditches or swales, or other
areas designated as private areas or as common areas, and shall provide for
assessments to finance all maintenance activities. Final plats for subdivisions
containing private streets and drainage improvements will not be approved until the
subdivider's owners’ association documents have been submitted and approved by
the Planning and Inspections Department.
A.Required Conditions of Property Owners Associations (POAs):
Property owners associations (POAs) or similar legal entities that own and
maintain park, recreation, and open space areas, streets, utilities, storm water
management facilities, drainage ditches or swales, or other areas designated as
private areas, or as common areas, shall be established in such a manner that:
1.Provision for the establishment of the association or similar entity shall be
made before any lot in the development is sold or any building occupied.
2.Membership is mandatory for each property owner within the subdivision.
3.The association is responsible for the liability insurance, local taxes, and
the maintenance of the areas.
4.Any sums levied by the association that remain unpaid become a lien on
the individual property owner’s property.
5.If all or any portion of the property held by the association is being
disposed of, or if the association is dissolved, the passive and active
recreation and open space is first offered to the County.
6.The right of use of the passive and active recreation or open space and
all private improvements is guaranteed to each resident of the
subdivision.
7.The declaration of covenants and restrictions that govern the association
is submitted for review by the County Attorney and recorded prior to the
recording of any final plat for the subdivision, and reference to the deed
book and page provided on the plat.
6-20 New Hanover County, NC | Unified Development Ordinance
B.Responsibilities:
Property owners’ associations (POAs) shall be responsible for continuing upkeep
and proper maintenance of all private infrastructure facilities and common areas
within the respective subdivision.