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Burke County Subdivision Ordinance

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Burke County Subdivision Ordinance BURKE COUNTY SUBDIVISION ORDINANCE Enacted by the Burke County Board of Commissioners on September 15, 1998 Amendments December 7, 1999 Article VI & Article XI May 3, 2000 Section 1001 Proposed Development February 20, 2002 Section 1001 Proposed Development Amended & Section 1002 Added March 30, 2004 Section 808 & Section 907 Amended September 7, 2004 Section 600, 700, 900, & 1100 Amended October 19, 2004 Section 800 Amended February 16, 2005 Section 705 & 906 Amended May 17, 2005 Section 800, 1001, & 1002 Amended January 17, 2006 Article IV & Sections 502, 600, & 1300 Amended January 17, 2006 Sections 501, 600, 700, 701, 702, 703, 704, 705, 800, 808, 900, 901, 902, 903, 906, & 907 Amended (effective 3/1/2006) May 15, 2007 Section 503 Added October 7, 2008 Sections 702.2.C.8, 705.4.C.8 and 807.4 Amended November 3, 2008 Section 701.3 Amended January 15, 2013 Section 808.5.A Amended BURKE COUNTY SUBDIVISION ORDINANCE TABLE OF CONTENTS ARTICLE I SHORT TITLE ARTICLE II AUTHORITY AND ENACTMENT AND REPEAL CLAUSE ARTICLE III JURIDICTION ARTICLE IV PURPOSE ARTICLE V COMPLIANCE Section 500 Approval of Plats Section 501 Permits Section 502 Selling of Lots Section 503 Development Agreements ARTICLE VI DEFINITION OF TERMS Section 600 Definitions ARTICLE VII PROCEDURE FOR REVIEW AND APPROVAL SUBDIVISION PLATS Section 700 General Section 701 Procedure for Approval of Minor Subdivisions Section 702 Subdivision Review Board Sketch Plan Section 703 Preliminary Plat Section 704 Improvements Installation or Guarantees Section 705 Final Plat Section 706 Recording of the Final Plat Section 707 Exceptions (Cluster Subdivisions) ARTICLE VIII GENERAL REQUIREMENTS Section 800 Conformity to Existing Maps or Plans Section 801 Continuation of Adjoining Street System Section 802 Access to Adjacent Properties Section 803 Large Tracts or Parcels Section 804 Street Names Section 805 Surveying and Placement of Monuments Section 806 Air Quality Section 807 Flood Damage Prevention Section 808 Subdivision Road Standards BURKE COUNTY SUBDIVISION ORDINANCE TABLE OF CONTENTS (continued) ARTICLE IX IMPROVEMENTS AND MINIMUM STANDARDS OF DESIGN Section 900 Suitability of Land Section 901 Public or Private Streets and Roads Section 902 Water and Sewer Systems Section 903 Sedimentation Control Section 904 Blocks Section 905 Sidewalks Section 906 Lots Section 907 Building Setback Lines Section 908 Easements ARTICLE X PRESERVATION OF WATER AREAS Section 1000 Intent Section 1001 Proposed Development on Lake Rhodhiss and Lake Hickory Section 1002 Proposed Development on Lake James ARTICLE XI ADMINISTRATIVE REMEDIES Section 1100 Variances Section 1101 Appeals Procedure ARTICLE XII AMENDMENTS Section 1200 Amendment Procedures ARTICLE XIII LEGAL PROVISIONS Section 1300 Penalties for Violations Section 1301 Separability Section 1302 Abrogation Section 1303 Effective Date ARTICLE I SHORT TITLE These regulations shall be known and may be cited as the Subdivision Regulations of Burke County, North Carolina. ARTICLE II AUTHORITY AND ENACTMENT AND REPEAL CLAUSE The Board of Commissioners of Burke County, pursuant to the authority conferred by an act of the General Assembly of the State of North Carolina (General Statutes, Article 18, Part 2 of Chapter 153A), does hereby ordain and enact into law these articles and sections. The Board of Commissioners also repeal Article 200: Subdivision Regulations in the Water Supply Watershed Management and Protection Ordinance adopted January 1, 1994. It is not the intent to fully repeal the Water Supply Watershed Management and Protection Ordinance, only Article 200. ARTICLE III JURISDICTION On and after the date of adoption, these regulations shall govern each and every subdivision of land within Burke County (hereinafter referred to as the “County”) and outside the jurisdiction of any incorporated municipality. However, this ordinance may also regulate territory within the subdivision regulation jurisdiction of any municipality whose governing body by resolution requests such regulation; provided, however, that any such municipal governing body may, upon two years written notice, withdrawal its approval of the County Subdivision Regulations, and those regulations shall have no further effect within the municipality’s jurisdiction. ARTICLE IV PURPOSE The purpose of this ordinance is to support and guide the proper subdivision of land within the defined jurisdiction of Burke County, as identified in Article III, in order to promote the public health, safety, and general welfare of the County. This ordinance is designed to provide for the orderly development of Burke County; for the coordination of transportation networks and other public facilities and utilities; for the dedication or reservation of rights-of-way or easements for streets and utility purposes; and for the distribution of population and traffic, which shall avoid overcrowding, and which shall create conditions that substantially promote public health, safety, and the general welfare. This ordinance is designed to further facilitate adequate provision for water, sewerage, parks, schools and playgrounds, and also to facilitate the further re-subdivision of larger tracts into smaller parcels of land. ARTICLE V COMPLIANCE Section 500. Approval of Plats A plat shall be prepared, approved and recorded pursuant to this ordinance whenever any subdivision of land occurs within the defined jurisdiction of Burke County. All plats for the subdivision of land shall conform to the requirements of this ordinance and shall be submitted in accordance with the procedures and specifications established herein. No plat of a subdivision of land within the defined jurisdiction of Burke County shall be filed or recorded by the Burke County Register of Deeds until it has been submitted to and given final approval as provided herein, and until such approval is entered on the face of the final plat by the Chairman (or Vice Chairman when serving in the absence of the Chairman) of the Burke County Planning Board. Minor subdivisions may be approved by the Planning Administrator or his designee. Section 501. Permits No on-site wastewater septic permits or building permits shall be issued for any construction in any subdivision for which a plat is required to be approved until the final plat has been approved and recorded. Section 502. Selling of Lots No lot referenced to or exhibited on any subdivision plat required herein shall be sold or transferred until the final plat for such subdivision has been recorded by the Burke County Register of Deeds. The provisions of this section shall not prohibit any owner ot its agent from entering into contracts to sell or lease by reference to an approved preliminary plat for which a final plat has not yet been properly approved under the Subdivision Ordinance or recorded with the Register of Deeds, provided the contract complies with the N.C. General Statute Section 153A-334, as amended. Section 503. Development Agreements The County may enter into development agreements as set forth in the Burke County Development Agreement Ordinance and G.S. 153A-349. ARTICLE VI DEFINITION OF TERMS Section 600. Definitions For the purpose of this ordinance, certain words or terms used herein shall be defined as follows: Subdivision: A “subdivision” shall include all divisions of a tract or parcel of land into two (2) or more lots, building sites or other divisions, when any one or more of those divisions are created 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, provided however, that the following shall not be included within this definition nor be subject to the regulations prescribed by this ordinance. 1. The combination or recombination of portions or previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the County as required by this ordinance. 2. The division of land into parcels greater than ten (10) acres if no street right-of- way dedication is involved. 3. The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation corridors. 4. 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 resultant lots are equal to or exceed the standards of the County as shown in this ordinance. Minor Subdivision: A minor subdivision is defined as any subdivision requiring no variances and consisting of not more than six (6) lots. This definition also includes the intent of a family subdivision. ADDITIONAL DEFINITIONS Abbreviated Subdivision Process: This subdivision process applies to minor subdivisions. The petitioner(s) for this process only has to follow the final plat procedure. All Weather Road: A road used by vehicular traffic that is either paved with concrete or asphalt, or is gravel. Such road shall be well drained and shall have a minimum base of six inches of gravel. Alley: A strip of land, owned publicly or privately, set primarily for vehicular service access to the back or side of properties otherwise abutting on a street. Block: A parcel of land which is bounded on all sides by public street or roadway. Board of Adjustment: The Burke County Board of Adjustment. Building Setback Line: A line parallel to a street or lot line and extending the
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