DRAFT

(November,2007)

THE TOWN OF SURFCITY

SUBDIVISION ORDINANCE

ARTICLE I. TITLE AND PURPOSE

  1. Title

This ordinance shall be known and may be cited as the Subdivision

Regulations for the Town of Surf City, North Carolina and its extraterritorial jurisdiction,and may be referred to as the Subdivision Regulations.

  1. Preamble

Since the establishment of the Town in 1949, the size of the Town was generally limited to those areas on the island. Beginning in 2003, the Town began accepting voluntary annexations on the mainland thereby increasing the size of the Town. The island portion of the Town is, by its very nature, surrounded by water on all sides and is more linear in its geographic shape. Furthermore, the island portion of the Town is mostly developed with the infrastructure currently in place and the majority of the parcels built out. Due to a single route of evacuation, current development and geographic constraints the island is not condusive to public school facilities.

  1. Purpose
  1. The purpose of this ordinance is to support and guide the proper subdivision of land within the jurisdiction of SurfCity in order to promote the public health, safety, and general welfare of the citizens of SurfCity territorial jurisdiction. The ordinance is designed to promote the orderly development of the town; for the coordination of streets and highways within proposed subdivisions with existing or planned streets and highways and other public facilities; for the dedication or reservation of rights-of-way or easements for street and utility purposes; and for the distribution of population and traffic, which shall avoid congestion and overcrowding and which will create conditions essential to public health, safety, and the general welfare. This ordinance is designed to further facilitate suitable provisions for water, sewerage, parks, schools, recreational space, open space, and also to facilitate the further resubdivision of larger tracts into smaller parcels of land.
  1. The provisions in this ordinance shall be administered to ensure orderly growth and development and shall supplement and facilitate the provisions in the land use plan, zoning ordinance and map, and capital improvements program.

ARTICLE II AUTHORITY AND JURISDICTION

  1. Authority

This ordinance is adopted under the authority of Chapter 160A, Article 19, Part 2 of the General Statutes of North Carolina.

  1. Jurisdiction

The regulations contained herein as provided in GS 160A, Article 19 shall govern each and every subdivision within the jurisdiction of Surf City as directed in the Surf City Incorporation Ordinance, adopted March 23, 1949 and subsequently amended as well as the extra territorial jurisdiction as recorded on a map filed in the Pender and/or Onslow Register of Deeds and subsequently amended.

ARTICLE III PREREQUISITE TO PLAT RECORDATION AND APPROVAL OF

PUBLIC SERVICES

  1. Prerequisite to Plat Recordation

After the effective date of this ordinance, each individual major subdivision plat of land within the SurfCity jurisdiction shall be approved by the Surf City Town Council upon recommendation of the Surf City Planning Board.

  1. Registration of Regulations and Plats

In accordance with GS 160A-364, the Town shall file a copy of this ordinance with the Register of Deeds in Pender and OnslowCounty upon adoption. The Register of Deeds shall not file or record a plat of a subdivision of land located within the territorial jurisdiction of the town that has not been approved in accordance with these provisions, nor shall the Clerk of Superior Court order or direct the recording of a plat if the recording would be repugnant to the provisions or intent of this ordinance. The owner of land shown on a subdivision plat submitted for recording, or the owner’s authorized agent, shall sign a statement on the plat stating whether any land shown is within the subdivision regulation jurisdiction ofSurfCity.

  1. Approval of Public Services

No street shall be maintained by the Town nor street dedication accepted for ownership and maintenance, no construction permits shall be issued, nor shall water, sewer, or other town facilities or services 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 of Surf City.

  1. Conformance with Official Plans

All subdivisions shall comply with the principles, goals, and/or objectives of the CAMA Land Use Plan and all other officially adopted plans and policies of the Town. Where a proposed subdivision includes any part of a thoroughfare which has been designated as such upon the officially adopted Comprehensive TransportationPlan of the Town as provided for by GS 136-66.2, 160A-361, and 160A-363, such part of such thoroughfare shall be platted and dedicated by the subdivider in the location shown on the plan and at the width specified by the Town. Similarly, where a proposed subdivision includes any part of a greenway as officially adopted by the Town, such part of such greenway shall be dedicated and platted by the subdivider in the location shown on the plan. Such dedication shall be in accordance with Article V of this ordinance. While the proposed subdivision must comply with the requirements of all Ordinances and Regulations of the Town, examples of those types of Ordinances and Regulations include: the Zoning Ordinance, Disposal of Sewerage, Operations of the Municipal Water System, Flood Damage Prevention Ordinance, and Regulations for Mobile Home and TravelTrailer Parks.

ARTICLE IV LEGAL PROVISIONS

  1. Procedure for Plat Approval

After the effective date of this ordinance, no subdivision plat of land within the town limits of Surf City or it’s extraterritorial jurisdiction 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 for a subdivision of land located within the territorial jurisdiction of SurfCity that has not been approved in accordance with these provisions, nor shall the Clerk of Superior Court order or direct the recording of a plat if the recording would be in conflict with this section.

2. Fees

Fees will be charged for each subdivision process. Fees are listed in the fee schedule adopted by the Town Council.

  1. Effect of Plat Approval on Dedications

Pursuant to GS 160A-374, the approval of a plat shall not be deemed to constitute or affect the acceptance by the Town 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 or facilities are located within its subdivision regulation jurisdiction. Acceptance of dedication of lands or facilities located within the subdivision regulation jurisdiction but outside the corporate limits of the Town shall not place on the town any duty to open, operate, repair or maintain any street, utility line, or other land or facility, and the Town 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 its corporate limits.

  1. Enforcement andPenalties for Violation

It shall be the duty of the subdivision administrator to enforce the provisions of this ordinance and to bring to the attention of the Town any violations or lack of compliance.

After the effective date of this ordinance, any person who, being the owner or agent of the owner of any land located within the territorial jurisdiction of this ordinance, 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 Pender County or Onslow County Register of Deeds, whichever is applicable, shall be guilty of a misdemeanor. The descriptions 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, 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 fines and/or imprisonment as provided by GS 14-4.

  1. 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.

  1. Variances

Where, because of severe topographical or other practical difficulties peculiar to the site, strict adherence to the provisions of this ordinance would cause an unnecessary hardship, the Town Council may, on recommendation of the Planning Board, authorize a variance to the terms of this ordinance only to the extent that is absolutely necessary and not to an extent which would violate the intent of the ordinance. Variances may be granted by the Town Council after a public hearing is held in accordance with GS 160A-364.

7.Amendments

The Town Council may from time to time amend the terms of this ordinance,

but the amendment shall not 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 a period of time, not to exceed ninety days within which to submit its recommendation in a report. If the Planning Board fails to submit a report within the specified time, it shall be deemed to have approved the amendment. Amendments become effective after the Town Council conducts a public hearing and approval by the Board in accordance with GS 160A-364.

  1. 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 ordinance imposes restrictions, the provisions of this ordinance shall govern.

  1. Effective Date

This ordinance shall take effect and be in force from and after the ____ day of January, 2008.

ARTICLE V PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION

PLATS

  1. General

Pursuant to GS 160A-373, no final plat of a subdivision within the jurisdiction of SurfCity, as established in Article II of this ordinance shall be recorded by the Register of Deeds of Pender County or OnslowCounty, whichever is applicable, until it has been approved by the Town Council as provided herein. To secure such approval of a final plat, the subdivider shall follow the procedures established in this section.

  1. Type of Subdivisions

There are 3 types of subdivisions. They are as follows:

  • Exempt Subdivisions
  • Minor Subdivisions
  • Major Subdivisions

Each type of subdivision must follow the procedure and approvals necessary for the type of subdivision.

  1. Exempt Subdivisions

a.Exempt subdivisions are those listed in the subdivision definition.

b.If a plat is available, the subdivider shall place a certificate on the plat for the Subdivision Administrator’s signature. The certification shall read:

This subdivision qualifies as an exempt subdivision under the Surf City Subdivision Ordinance and no further review is required.

Town of SurfCityDate

Subdivision Administrator

  1. Minor Subdivisions
  1. A Minor Subdivision is a tract to be subdivided which meets all of the following standards:
  2. is two acres or less in total size;
  3. will result in five or fewer lots,
  4. has lots that all front on an existing approved street
  5. has lots which meet the standards of the zoning ordinance and the subdivision ordinance; and
  6. has adequate provisions for handling storm water that may be generated.
  1. Applicants are strongly encouraged to submit a sketch plan for

staff review and comment before preparing the proposed

subdivision plat. Minor subdivision plats must

include the same information required for subdivision final plats.

Six copies must be submitted to the Subdivision Administrator

for review.

The plat will be reviewed, within 30 days, by the

Technical Review Committee (TRC) consisting of the following

members:

  • Town Planner
  • Town Fire Marshall
  • Town Public Works Director
  • Town Police Chief
  • Pender/Onslow Health Department
  • Pender/Onslow School System
  • North Carolina Department of Transportation

Additional members may be added to the TRC as the Subdivision Administrator sees fit.

If the plat is unanimously found to qualify as a minor subdivision and to meet the standards of the Town’s subdivision andall other applicable ordinances, the plat may be approved for recording.

Such approvals shall be promptly reported to the Planning Board and Town Council. If the technical review committee cannot unanimously find that the plat qualifies as a minor subdivision plat or cannot find that it complies with the standards of the subdivision ordinance and other applicable ordinances,the plat may, at the applicant’s option, be revised and resubmitted to the technical review committee or submitted for review in the same manner as other subdivisions.

  1. Parcels on the TopsailIsland portion of the Town limits are exempted from subdivision requirements of the ordinance concerning Public Facilities for educational areas and recreation areas.
  1. Major Subdivisions
  1. Major Subdivisions are those meeting the definition of Subdivision.
  2. The subdivider will submit a sketch plan, preliminary plan, and final plat in compliance with the standards listed in this section for each project.
  1. Sketch Plan

1. If the land to be subdivided contains more than two acres, the subdivider shall submit a sketch plan prior to submitting a preliminary plan. Smaller subdivisions may be submitted in sketch plan form if the developer wishes. Sketch plans shall be submitted at least 21 working days in advance of the TRC meeting at which they are to be considered. Sketch plans shall conform to the following requirements

  1. Number of copies and graphic media: 15 copies of a sketch plan shallbe submitted. No specific graphic media shall be employed.
  2. Size of Plan and scale: No specific size requirements apply to sketch plans. It is suggested that the requirements applicable to preliminary and final plats be utilized.
  3. Administrative Fees: No administrative fees are charged in connection with the submission of sketch plans.
  4. Certification Required: No certificates shall be provided in connection with the submission of the sketch plans.

2. Items Needed on a Sketch Plan

The sketch plan shall depict or contain the following information:

  1. A sketch vicinity map showing the location of the subdivision in relation to neighboring tracts, subdivisions, roads, and waterways.

b. The boundaries of the tract and the portion of the tract to be subdivided.

c. The total acreage to be subdivided.

d. The existing and proposed uses of the land within the

subdivision and adjoining it.

e. The proposed street layout, lot layout, open space, and significant natural features such as wetlands, waterbodies, wooded areas, etc.

f. The name, address, and telephone number of the owner.

g. Streets and lots of adjacent developed or platted properties.

h. The zoning classification(s) of the tract and of the adjacent

properties.

  1. Written proposal on the character of development of the

subdivision (include proposed amenities).

3. Review Procedures

The Planning Board and Subdivision Administratorshall review the sketch design plan for general compliance with the requirements of this ordinance and other applicable ordinances and whereas as appropriate, provide recommendations to minimize impact on surrounding areas including public welfare and safety related issues;the Planning Board and the Subdivision Administratorshall 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 plat. This review shall in no way be construed as consulting an official action of approval for recording of the subdivision by the Planning Board as required by this ordinance.

4.Disposition of Copies

One copy shall be retained on file in the Planning Department with the other copy being returned to the subdivider or his authorized agent.

  1. Preliminary Plans

A preliminary plan for every major subdivision of land within the planning jurisdiction of the Town shall be prepared by a surveyor or professional engineer licensed and registered to practice in the State of North Carolina and shall be submitted, together with any application fee as set by the Town Council from time to time, at least 10 working days prior to the TRC meeting if a sketch plan was previously submitted, if not, at least 21 working days prior to the Planning Board meeting at which it is to be considered.

1. Number of Copies and Graphic Media: Initially, six copies of the preliminary plan shall be submitted for TRC review; no specific graphic media shall be employed. Once TRC comments have been received, 15 revised copies shall be submitted for the Planning Board review. Once the Planning Board comments have been received, 10 revised copies (incorporating all comments) shall be submitted for the Town Council review. All revisions shall be properly noted as revisions on the plan.

a. Size of plan and scale: No specific sized requirements apply to

preliminary plans. Preliminary plans may be prepared to a scale of 1 inch

equals 200 feet, or greater.

  1. Administrative Fees: An administrative fee shall be charged in connection with the submission of preliminary plans.
  2. Certifications Required: No certifications shall be provided in connection with the submission of preliminary plans

2. Items Needed on the Preliminary Plan

1. Contents Required: The preliminary plan shall depict or contain the following information; plans not illustrating or containing the following data shall be returned to the subdivider, or his authorized agent for completion and resubmission.