ARTICLE V
REQUIRED IMPROVEMENTS, DEDICATION,
RESERVATION, MINIMUM STANDARDS OF DESIGN
Section 501. General
Each subdivision shall contain the improvements specified in this article, which shall be installed in accordance with the requirements of this ordinance and paid for by the
subdivider, unless other means of financing are specifically stated in this ordinance. Land shall be dedicated and reserved in each subdivision as specified in this article. Each subdivision shall adhere to the minimum standards of design established.
Section 502. Suitability of Land
502.1 Where land to be subdivided is found by the Town Council to be subject to the conditions of flooding, improper drainage, severe erosion, slides, or to have other characteristics which pose an
ascertainable danger to health, safety, or property, the subdivider shall take measures necessary to correct said conditions and to eliminate said dangers. In making such determinations, the Town Council may seek to take into consideration the following, if reasonably obtainable: Official Federal Emergency Management Agency Flood Boundary and Floodway Maps and Flood Insurance Rate Maps for Henderson
County; the Henderson County Soil Survey; and recommendations from the Tennessee Valley Authority, U.S.D.A. Soil Conservation Service, and the Henderson County Health Department. Any findings made by the Town Council pursuant to this section and the basis for said findings shall be in writing and recorded in the minutes of the Town Council. The Town Council shall not approve the subdivision of land if from these investigations it is determined that the land is not suitable for platting and development for the purposes and intensity proposed.
502.2 Areas that have been used for disposal of solid waste shall not be subdivided unless tests by the Henderson County Health Department, a structural engineer, and a soils expert determine that the land is suitable for the purposes proposed.
Section 503. Name Duplication
Section 504. Subdivision Design
504.1 Cluster Design
Lots within a cluster subdivision shall be designed to conform with the conservation areas delineated on the conceptual plan. Lots may vary in size and shape to meet the overall density and design plan for the subdivision provided the subdivision conforms to the density of the zoning district in which it is located. Flag lots may be permitted as a more reasonably suitable alternative to extending a road or a more conventional lot design when justified by topographic and natural features. Flag lots shall be reviewed for their effect on the local environment and their suitability for emergency access. The area within an existing street or street right-of-way shall not be used in calculating the lot size or the density of the subdivision.
The Planning Board and Town Council will work with the developer to establish a plan that maximizes utilization of resources and provides good stewardship of nature’s attributes.
504.2 Lots
(1) All lots in new subdivisions and all lots replatted in existing subdivisions shall conform to the area and dimensional requirements of the zoning district in which the subdivision is located. Conformance to area and dimensional requirements of the zoning ordinance means, among other things, that the smallest lot in the subdivision shall meet all dimensional
requirements of the ordinance except in Cluster Subdivisions as defined in Section 504.1 or Planned Unit Developments.
(2) Property lot lines shall be drawn to the proposed street right-of-way.
(3) All lots platted under the jurisdiction of this ordinance shall meet any applicable requirements of the Henderson County Health Department. The Health Department must, according to state law and ordinances of the Henderson County Health Department, require larger lot sizes if said larger lots are necessary to protect the public health and insure proper operation of septic systems and wells.
(4) Multi-family Residential Lots:
conform to the area and dimensional requirements of the zoning district in which it is located. If the lot is not served by public water and sewer, written approval shall be obtained from the Henderson County Health Department.
(5) Lots for Other than Residential Use:
Each lot intended for development of nonresidential use shall be so designated on the plat and shall conform to the area,
dimensional, and other applicable provisions of the zoning district in which it is located. If the lot is not served by public water and/or sewer, written approval shall be obtained from the Henderson County Health Department.
504.3 Easements
(1) Utility Easements:
Easements for utilities shall be provided, where necessary, preferably centered on the side or rear lot lines and shall be at least thirty (30) feet wide.
(2) Drainage Easements:
Where a proposed subdivision is traversed by a stream or
drainageway, a drainage easement shall be provided conforming with the lines of such stream or drainageway. The said drainage easement shall be of sufficient width to carry storm water runoff from a twenty five (25)-year storm.
(3) Buffer Easement:
The Town Council, may require a buffer easement of at least ten (10) feet in width adjacent to a major street, a commercial, industrial, or multifamily development. The Town Council also may require that the subdivider be responsible for the grading and planting of said buffer easement.
Section 505. Streets
505.1 Type of Streets Required
of the Town of Laurel Park shall be designed and constructed to meet the minimum construction requirements of the N.C. Department of Transportation’s publication, Subdivision Roads, Minimum
Construction Standards, January 1, 1999, or as hereafter amended, except the surface coarse thickness shall be increased to two (2) inches of compacted Asphalt Concrete Surface Course, Type I-2.
(1) Public Streets:
All streets proposed for public use in the Town Of Laurel Park shall be dedicated to the Town of Laurel Park. A written maintenance agreement sufficient for recording in the Office of the Register of Deeds shall be submitted with the final plat. Said maintenance agreement will provide for the subdivider or a property owners’ association to maintain the street, drainage facilities, and right-of-way until such time as the street is accepted for maintenance by the Town.
(2) Private Streets:
Private streets may be permitted in a Planned Residential Development or a Planned Commercial Development as provided in the Laurel Park Zoning Ordinance. All private streets shall have a written maintenance agreement sufficient for recording in the Office of the Register of Deeds. Said
maintenance agreement will provide for the developer or a property owners’ association to perpetually own and maintain the streets, drainage facilities, and rights-of-way within the development. Private streets shall not be platted as a part of any subdivision unless the subdivision is an integral part of a
planned development listed in this section. 505.2 Subdivision Street Disclosure Statement
All streets shown on the final plat shall be designated in accordance with General Statute 136-102.6, and designation as public shall be conclusively presumed upon offer of dedication to the public. Where streets are designated private or are dedicated to the public but not accepted into the Town before lots are sold, a statement explaining the status of the street and the required ownership and maintenance agreements required in Section 505.1 (1) or (2) shall be included with the final plat.
505.3 Half-Streets
shall be prohibited. The proposed subdivision shall provide the amount of right-of-way required to meet the standards required in Section 505.1 (1) or (2).
505.4 Marginal Access Streets
Where a tract of land to be subdivided joins a principal arterial street, the subdivider may be required to provide a marginal access street parallel to the arterial street or reverse frontage on a minor street for the lots to be developed adjacent to the arterial. Where reverse frontage is established, private driveways shall be prevented from having direct access to the principal arterial.
505.5 Access to Adjacent Properties
Where, in the opinion of the Town Council, it is necessary to provide street access to an adjoining property, proposed streets shall be extended by dedication to the boundary of such property and a temporary turnaround provided.
505.6 Nonresidential Streets
The subdivider of a nonresidential subdivision shall provide streets in accordance with sub-paragraph K-4 of the N.C. Department of
Transportation’s Subdivision Roads, Minimum Construction Standards, January 1, 1999, or as amended.
505.7 Design Standards
The design of all streets and roads within the jurisdiction of this ordinance shall be in accordance with the standards and requirements of the N.C. Department of Transportation’s Subdivision Roads, Minimum Construction Standards, January 1, 1999, or as hereafter amended, except the surface course thickness shall be increased to two (2) inches of compacted Asphalt Concrete Surface Course, Type I-2. In any case, where standards or requirements in this ordinance are
different from those in the Subdivision Roads, Minimum Construction Standards, the more stringent requirement shall be required.
(1) Intersections:
(b) Property lines at intersections should be set so that the distance from the edge of pavement of the street turnout to the property line will be at least as great as the
distance from the edge of pavement to the property line along the intersecting streets. This property can be established as a radius or as a sight triangle. Greater offsets from the edge of pavement to the property lines will be required, if necessary, to provide sight distance for the vehicle on the side street.
(c) Offset intersections are to be avoided. Intersections which cannot be aligned should be separated by a minimum length of 200 feet between survey centerlines. (d) Intersections with arterials, collectors, and thoroughfares
should be at least one thousand (1,000) feet from centerline to centerline.
(2) Cul-de-sacs:
Permanent dead end streets should not exceed five hundred (500) feet in length unless necessitated by topography or property accessibility, and in no case shall be permitted to be over nine hundred (900) feet. Measurement shall be from the point where the centerline of the dead end street intersects with the center of a through street to the center of a turnaround of the de-sac. Where one de-sac intersects with another cul-de-sac, the end of each cul-de-sac shall be no more than 500 to 900 feet from a through street, measured as stated above. The distance from the edge of pavement to the vehicular turnaround to the right-of-way line shall not be less than the distance from the edge of pavement to right-of-way on the street approaching the turnaround. Cul-de-sacs should not be used to avoid connection with an existing street or to avoid the extension of an important street, unless exception is granted by the Town Council.
(3) Alleys:
(a) Alleys shall be required to serve lots used for commercial and industrial purposes except that this requirement may be waived where other definite and assured provision is made for service access.
(c) Dead end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities at the dead end as may be approved by the Town Council.
(d) Sharp changes in alignment and grade shall be avoided. 505.8 Thoroughfare Plan
The provision of street and road rights-of-way shall conform to and meet the requirements of any thoroughfare plan adopted by the Town Council of Laurel Park and the N.C. Board of Transportation.
505.9 Other Requirements
(1) Through Traffic Discouraged on Residential Collector and Local Streets:
Residential collector and local streets shall be laid out in such a way that their use by through traffic will be discouraged. Streets shall be designed or walkways dedicated to assure convenient access to parks, playgrounds, schools, or other places of public assembly.
(2) Street Names:
Proposed streets which are obviously in alignment with existing streets shall be given the same name. In assigning new names, duplication of existing names shall be avoided, and in no case shall the proposed name be phonetically similar to existing names in the county, irrespective of the use of a suffix such as street, road, drive, place, court, etc. Street names shall be subject to the approval of the Town Council.
(3) Street Name Signs:
The subdivider shall be required to provide and erect street name signs in accordance with the requirements of the Town of Laurel Park.
(4) Permits for Connection to State Roads:
An approved permit is required for connection to any existing state system road. This permit is required prior to any
at the office of the nearest district engineer of the Division of Highways.
Section 506. Utilities
506.1 Water and Sanitary Sewer Systems
The preliminary plat shall be accompanied by evidence satisfactory to the Planning Board and Town Council of the proposed method and system of water supply and sanitary sewage collection and disposal for all lots intended for use requiring a domestic water supply and/or a sanitary sewerage system. The installation of all said systems shall be required prior to final plat approval unless otherwise permitted pursuant to Section 404; provided that, in the case of individual ground
absorption systems, installation shall not be required prior to final plat approval, however, land area and soil condition determination shall be so required as set forth in subsection 506.2 (2). For subdivisions consisting of 10 lots or less in which the water supply system to be installed is an individual system consisting of on lot wells for each lot, the installation of said wells will not be required prior to final plat approval.
506.2 Required Approval of Water and Sewer Systems
All preliminary plats which will require the installation of any water and/or sewerage system shall be accompanied by a written approval from the appropriate state or local agency stating that the proposed system or systems meet the state and local requirements. The types of systems and the regulatory agency required to approve the system are described below:
(1) Water Systems:
(a) Individual Water System: Any well, spring, stream or other source used to supply a single connection. Written approval from the Henderson County Health
Department shall be submitted with the preliminary plat indicating that each lot in the proposed subdivision has adequate land area and soil conditions to accommodate the proposed individual water supply.
NCDENR, and said written approval shall accompany the preliminary plat.
(2) Sewer Systems:
(a) Individual Sewer System: Any septic tank or other ground absorption system serving a single source or connection. Written approval from the Henderson County Health Department shall be submitted with the preliminary plat, indicating that each lot in the proposed subdivision will accommodate the proposed individual sewer system. The approval shall be based upon a field investigation.
(b) Community Sewer System: Any sewer system owned and operated by the City of Hendersonville, the Town of Laurel Park, or other sewer system serving two (2) or more connections. A proposed subdivision which uses or is to connect with a community sewer system having a discharge into any surface waters shall have written approval from the NCDENR, Division of Environmental Management, submitted with the preliminary plat. A proposed subdivision which uses or is to connect with a community sewer system which utilizes ground
absorption for sewage discharge shall have a written approval from the Henderson County Health
Department submitted with the preliminary plat. 506.3 Underground Utilities
All additional utilities shall be placed underground.
Section 507. Storm Water Drainage Facilities
The preliminary plat shall be accompanied by evidence satisfactory to the Town Council as to the proposed method of providing for storm water drainage. It shall be the responsibility of the subdivider to provide a drainage system which is designed to meet the following objectives:
(1) No surface water shall be channeled or directed into a sanitary sewer. (2) Where feasible, the subdivider shall connect to an existing storm drainage
(3) Where an existing storm drainage system cannot be extended feasibly to the subdivision, a surface drainage system shall be designed to protect the proposed development and adjacent properties from water damage.
(4) Surface drainage courses shall have side slopes, where feasible, of at least two (2) feet of horizontal distance for each one (1) foot of vertical distance, and courses shall be of sufficient size to accommodate the drainage area without flooding, and designed to comply with the standards and specifications for erosion control of the N.C. Sedimentation Pollution Control Act, G.S. 143-34.12, Chapter 113A, Article 4, and the N.C. Administrative Code Title 15, Chapter 4, and any locally adopted erosion and sedimentation control ordinances.
(5) The minimum grade along the bottom of a surface drainage course shall be a vertical fall of at least one (1) foot in each two hundred (200) feet of horizontal distance.
(6) Stream banks and channels downstream from any land disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land disturbing activity in accordance with the N.C. Sedimentation Pollution Control Act, G.S. 143.34.12, Chapter 113A, Article 4, and the N.C. Administrative Code Title 15, Chapter 4, and any locally adopted erosion and sedimentation control ordinances.
(7) Anyone constructing a dam or impoundment within the subdivision must comply with the N.C. Dam Safety Law of 1967, and the N.C. Administrative Code Title 15, Subchapter 2 K.
Section 508. Erosion and Sedimentation Control
The preliminary plat shall be accompanied by a written statement that any required soil erosion and sedimentation control plan has been submitted to and approved by the Henderson County, Erosion Control Division, in accordance with The Rules and Regulations for Erosion and Sediment Control as adopted by the N.C. Sedimentation Commission, and as amended.
Section 509. Surveying and Placement of Monuments
Unless otherwise specified by this ordinance, the Manual of Practice for Land
Section 510. Construction Procedures
No construction or installation of improvements (including excavation, clearing, or grading) shall commence in a proposed subdivision until the preliminary plat has been approved and all plans and specifications have been approved by the appropriate authorities.
No building or other permits shall be issued for erection of a structure on any lot not of record at the time of adoption of this ordinance until all the requirements of this ordinance have been met. The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the administrator of this ordinance to provide for adequate
inspection. The approving authorities having jurisdiction or their representatives shall inspect and approve all completed work prior to release of the sureties.
