CHAPTER 150: SUBDIVISION REGULATIONS Section General Provisions 150.001 Title 150.002 Authority 150.003 Jurisdiction 150.004 Purpose 150.005 Subdivision Defined 150.006 Compliance 150.007 Subdivision Administrator 150.008 Coordination of Plans 150.009 Administrative Fee 150.010 General Definitions 150.011 Moratoria on Development Approvals Subdivision Review Procedure 150.020 Approval Levels 150.021 Subdivision Types 150.022 Approval Authority 150.023 Plan and Plat Requirements 150.024 Plan and Plat Submittal and Review Periods 150.025 Appeals 150.026 Effects of Approvals - Prerequisites Subdivision Design Standards, Reservations and Dedications, Required Improvements 150.030 General 150.031 Subdivision and Street Names 150.032 Blocks 150.033 Lots 150.034 Streets & Street Improvement 150.035 Drinking Water Improvements 150.036 Sanitary Sewerage Improvements 150.037 Oversized Water & Sewer Facilities 150.038 Storm Drainage Improvements 150.039 Sidewalk Improvements 150.040 Basements 150.041 Street Name Signs 150.042 Traffic Control Signs & Markings 150.043 Street Lights 150.044 Monuments 150.045 Subdivision Entrance Signs and Landscaped Medians 150.046 Phasing 3 2008 S-9 4 Boiling Springs - Land Usage Guarantee of Improvements; Warranty Against Defects 150.050 Financial Performance Guarantee in Lieu of Immediate Installation for Approval 150.051 Duration of Financial Performance Guarantees 150.052 Default 150.053 Release of Guarantee Security 150.054 Warranty Against Defects Legal Provisions 150.060 Interpretation, Purpose, Conflict 150.061 Repeal and Reenactment of Existing Subdivision Ordinance 150.062 Effect Upon Outstanding Preliminary Plats 150.063 Effect Upon New Territory Added to Jurisdiction 150.064 Modifications 150.065 Amendment 150.066 No Liability 150.067 Validity 150.099 Violations, Penalty GENERAL PROVISIONS § 150.001 TITLE. This chapter shall be known as the Subdivision Ordinance of the town of Boiling Springs, North Carolina. (Ord. passed 4-7-98) § 150.002 AUTHORITY. This chapter is adopted under the authority and provisions of the General Statutes of North Carolina cChapter 160A160D, Article 198, Part 2, Subdivision Regulations. (Ord. passed 4-7-98) § 150.003 JURISDICTION. These regulations shall govern all subdivisions of land within the Territorial Jurisdiction of the town of Boiling Springs as now or hereafter established. (Ord. passed 4-7-98) § 150.004 PURPOSE. The purpose of this chapter is to establish procedures and standards for the development and subdivision of real property within the Corporate Limits and extraterritorial jurisdiction of the town of Boiling Springs, NC, in an effort to protect the public health, safety and general welfare and to promote orderly growth and development; provide for suitable residential and nonresidential 2008 S-9 Subdivision Regulations 5 subdivisions with adequate streets and utilities and appropriate building sites; provide for the distribution of population and traffic in a manner which shall avoid congestion and overcrowding; provide for the coordination of streets within subdivisions with existing or laned streets and with other public facilities; provide for the dedication or reservation of rights-of-way or easements for street and utility purposes; provide for the dedication or reservation of adequate spaces for open space, public lands and buildings; protect and enhance environmental quality; provide for the dedication or provision of facilities for adequate storm drainage; provide proper land records for the convenience of the public and for better identification and permanent location of real property boundaries. (Ord. passed 4-7-98) § 150.005 SUBDIVISION DEFINED. For the purposes of this chapter "Subdivision" shall mean all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions is 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; but the following shall not be included within this definition nor be subject to the regulations of this chapter; provided, however, that any document or plat to be recorded pursuant to any such exclusion shall bear the notation "No approval required" and the signature of the Subdivision Administrator or his designated agent before being presented for certification by the Review Officer: (A) The combination or recombination of portions of 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 this chapter. (B) The division of land into parcels greater than ten 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 or for public transportation system corridors. (D) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three Lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of this chapter. (E) The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the General Statutes (E) The division of land into burial plots where no street right-of-way dedication is involved. (F) The division of land by will. (Note: Although the division of land by will is exempt from the requirements of this chapter, the resultant lots may not be eligible for a zoning permit/building permit if the lots do not meet the standards and requirements of the Zoning Ordinance.) (Ord. passed 4-7-98; Am. Ord. passed 4-10-06) § 150.006 COMPLIANCE. From and after the adoption of this chapter, no real property lying within the jurisdiction of this chapter shall be subdivided except in conformance with all applicable provisions of this chapter. In addition, after the effective date of this chapter, no plat for the subdivision of land within the jurisdiction of this chapter shall be certified for recording by the Review Officer, nor shall the Clerk of Superior Court order the recording of a plat until it has been submitted and approved in accordance with the provisions of this chapter. (Ord. passed 4-7-98) 2008 S-9 6 Boiling Springs - Land Usage § 150.007 SUBDIVISION ADMINISTRATOR. This chapter shall be administered by the Subdivision Administrator who shall be appointed by the Board of Commissioners. The Subdivision Administrator shall administer and enforce the provisions of this chapter and have such other specific powers and duties as are set forth in this chapter. The Subdivision Administrator' may designate agents to act on his behalf The Subdivision Administrator shall have the right-to enter property at reasonable hours for the purpose of making inspections. (Ord. passed 4-7-98) § 150.008 COORDINATION OF PLANS. All plans, plats and supporting documents to be submitted in connection with the procedures set forth in this chapter shall be submitted first to the Subdivision Administrator. The Subdivision Administrator shall develop and maintain a set of standards to serve as a basis for the type, size, graphic media, number of copies, information to be shown and other such matters in regard to the maps and documents required to be submitted in the administration of this chapter. Such standards may also include standards for street, storm drainage and utility Construction Plans. A listing of such standards may be appended to this chapter and are presumed to be necessary to satisfy the requirements of this chapter. However, it is recognized that each development is unique, and therefore, the Subdivision Administrator may exercise flexible judgement in requiring less or more information and submittals according to the needs of the particular case. (Ord. passed 4-7-98) § 150.009 ADMINISTRATIVE FEE. The Board of Commissioners shall set a fee schedule for the administration of this chapter. The Subdivision Administrator shall be responsible for collecting such fees. All fees relating to recording of documents shall be borne directly by the subdivider. (Ord. passed 4-7-98) § 150.010 GENERAL DEFINITIONS. Unless specifically defined in this Section, words used in this Subdivision chapter shall have their respective customary dictionary definitions. Defined words and other important words are capitalized throughout this chapter. For the purpose of these regulations certain words, terms or phrases used herein are interpreted and defined as follows: Words used in the present tense shall include the future tense. The word "Lot" includes the words "plot", "tract" and/or "parcel". The word "building" includes the word "structure". The word "person" includes a "firm, association, organization, partnership, trust, company, corporation and/or individual". The word "use" includes the terms "arranged", "designed" and/or "intended" for use, activity and/or purpose. 2008 S-9 Subdivision Regulations 7 DEDICATION. A gift, by the owner, of a right to use of land for a specified purpose or purposes. Because a transfer of property rights is entailed, Dedication must be made by written instrument, and is completed with an acceptance. EASEMENT. A grant of one or more of the property rights by the property owner of a portion of land for a specified purpose and use by the public, a corporation or other entities. LOT. A separate and distinct unit of land described by either a metes and bounds description and/or subdivision plat of record and/or probated will. Lot includes a portion of a subdivision or any other parcel of land, intended as a unit for transfer of ownership or for development or both. (1) CORNER LOT. A lot abutting two or more streets at their intersection. (2) REVERSE FRONTAGE LOT. A through lot which is not accessible from one of the parallel or non-intersecting streets upon which it fronts. (3) THROUGH LOT.