| 5.01 | Preliminary Plat. |
| 5.02 | Design Standards. |
| 5.03 | Installation of Improvements. |
| 5.04 | Final Plat. |
| 5.05 | Appeals Process. |
Section 5.01. Preliminary plat.
1. Preliminary plat submittal. The approval of a preliminary plat by the planning board shall be a prerequisite to the approval of engineering drawings for subdivision improvements or the approval of any final plat provided, however, that where a proposed subdivision is of such a small size or contains so few lots as to present no engineering problems and/or planning problems, engineering drawings may not be required. The procedure for securing approval of a preliminary plat is as follows:
a. The subdivider shall submit to the subdivision administrator six (6) copies of the preliminary plat.
b. A signed statement describing the proposed use of the land and a draft of any covenants to address maintenance and/or use of special easements or common property shall accompany the submitted plat.
c. The subdivision administrator shall, where applicable, request review of the preliminary plat by those state and county agencies which have a jurisdiction in the area being developed. The proposed subdivision of any property located partially or entirely within a WS-IV-PA (Watershed) Overlay must be approved by the zoning board of adjustment for conformance with the watershed ordinance prior to approval of the preliminary plat.
d. Preliminary plats shall be submitted by the fifteenth day of the month or with special approval of the department director. Preliminary plats found to be in substantial conformance with the standards of this ordinance shall be transmitted with comments and recommendations to the planning board for review at the following month's regularly scheduled meeting.
e. Should the planning board fail to take any action on the proposed subdivision within forty-five (45) days of the planning board's first review of the preliminary plat, the subdivider may seek preliminary approval at the next regularly scheduled meeting of the city council.
f. Should the planning board wish to study a case in depth, they may do so in accordance with any normal procedure used by the board. This could include, but is not limited to, sending the issue to a committee for review, contacting nearby property owners for input, and holding open meetings or courtesy hearings.
g. The planning board may disapprove the preliminary plat, in which case the reasons for such action shall be stated in writing and reference shall be made to the specific section of the ordinance with which the preliminary plat does not comply. If the subdivider subsequently decides to submit a revised preliminary plat, he must do so in accordance with procedures for the submittal of a new preliminary plat (including a new filing fee).
h. The planning board may conditionally approve the preliminary plat. Upon addressing any such condition, the subdivider may resubmit the preliminary plat with no additional fee. The planning board chairman shall either certify that the conditions established by the board have been met, or shall present the revised preliminary plat for full planning board review and approval. Conditions may include requiring clarification to show compliance with any provision of this ordinance or adopted city construction standards or policies. Examples include, but are not limited to: making minor revisions to street alignments or lot lines; designating restricted parking; noting maintenance of special areas; restricting future driveway access at locations such as thoroughfares, etc.
i. The planning board may approve the preliminary plat, in which case their action shall be affixed to the preliminary plat as shown in section 4.01. One (1) print shall be retained by the subdivision administrator and become a permanent record of the city.
j. Upon approval of the preliminary plat, the subdivider shall be authorized to prepare engineering drawings of required improvements, and submit the drawings for approval by the subdivision administrator.
k. The approval of the preliminary plat shall become null and void within two (2) years, unless the subdivider or his representative shall have completed required improvements (or posted the appropriate guarantee of improvements) and submitted for approval the final plat as required by this ordinance or shall have applied for and received an extension of time from the planning board. The Planning Board may, at its discretion, require a preliminary plat to adhere to any new requirements before granting this extension. If a preliminary plat becomes null and void, the subdivider may resubmit for an updated approval; however, the resubmitted preliminary plat may be subject to any new requirements for preliminary plats, and fees shall be paid at fifty (50) percent of current standard fees.
2. Preliminary plat requirements. The preliminary plat shall be at an appropriate engineering scale but not less than one (1) inch equals two hundred (200) feet. The preliminary plat shall provide the following information:
a. The location of existing and platted property lines, streets, buildings, watercourses, railroads, transmission lines, sewers, bridges, culverts, drainpipes, water mains, city limit lines, zoning boundaries, and any public utility easements.
b. Boundaries of tract shown with bearings and distances.
c. Wooded areas, marshes, buffer areas, floodplain information, National Register of Historic Places designation, or any other conditions affecting the site.
d. Names of adjoining property owners or subdivisions.
e. Zoning classification, if any, both on the land to be subdivided and on adjoining lands.
f. Proposed street rights-of-way and street names.
g. The location of proposed utility easements and the location of proposed connections to existing systems.
h. Other proposed rights-of-way or easements, location, widths and purposes, along with use and maintenance notations.
i. Proposed lot lines, lot numbers, and approximate dimensions.
j. Proposed zoning classification and a note identifying minimum building setback lines for such zoning.
k. Proposed parks, school sites, or other public open space, if any.
l. Title, date, north point, and graphic scale.
m. Name of owner, engineer, surveyor and/or land planner.
n. Site data:
(1) Acreage in total tract.
(2) Acreage in park or other land usage.
(3) Average lot size.
(4) Minimum lot size.
(5) Total number of lots.
o. Sketch vicinity map showing relationship between subdivision and surrounding area.
p. Other information deemed necessary by the planning board.
q. Certification of preliminary plat approval: The following certification shall be affixed to the preliminary plat in such a manner as to insure that said certificate will be legible on any prints made therefrom:
I hereby certify that approval was granted to this preliminary plat by the Salisbury Planning Board on the ________day of ________________ 19________.
________________
Chairman
(Ord. No. 1994-12, § 1, 3-1-94; Ord. No. 2001-25, § 1, 4-3-01)
Section 5.02. Design standards.
Design standards shall conform with the following:
1. Conformity to existing maps or plans: The location and width of all proposed streets shall be in conformity with official plans or maps of the City of Salisbury and with existing or amended plans of the planning board.
2. Continuation of adjoining street system: The proposed street layout shall be coordinated with the street system of the surrounding area and where possible, existing principal streets shall be extended.
3. Access to adjacent properties: Where, in the opinion of the planning board, it is desirable to provide for street access to an adjoining property, proposed streets shall be extended by dedication to the boundary of such property. A temporary turnaround (cul-de-sac) may be required at the discretion of the planning board.
4. Private streets and reserve strips: There shall be no private streets or reserve strips platted in any subdivision.
5. Large tracts or parcels: Where land is subdivided into larger parcels than ordinary building lots, such parcels shall be so arranged as to allow for the opening of future streets and logical further resubdivision.
6. Double-frontage and single-tier lots: Double frontage lots should be avoided. Single-tier lots of greater than minimum depth should be provided along thoroughfares or major streets, railroads, physical barriers and nonresidential uses.
7. Street names: Proposed streets, which are obviously in alignment with others existing and names, shall bear the assigned name of the existing streets. Proposed street names are subject to the approval of the county emergency services office.
8. Storm drainage.
a. All watercourses located within the street right-of-way shall be designed and constructed in accordance with the adopted Uniform Construction Standards of the City of Salisbury.
b. All watercourses not located within the street right-of-way, but which provide drainage for public streets or other private property, shall be designed and constructed in accordance with the adopted Uniform Construction Standards of the City of Salisbury. For such water courses, an easement of approved width shall be clearly shown and located on the plat. Such easement shall be kept free and clear of any buildings or improvements which would interfere with proper maintenance of the easement or passage of storm water. Maintenance of such easement shall remain the responsibility of the respective property owners.
9. Sites for public schools: In subdividing property due consideration shall be shown by the subdivider for public schools. Where a school site may be required according to plans for the development of an adequate school system, a reservation of land for this purpose shall be shown on the preliminary plat. The appropriate board of education shall decide whether or not it wishes to have a site reserved prior to final approval of the subdivision. If the board of education does not wish to have a school site reserved in the subdivision, it shall so notify the subdivision administrator. If the board of education does wish to have a school site reserved in the subdivision, the subdivision as finally approved shall reserve a site of a size and location agreeable to the board of education and to the subdivision administrator. If the board of education has not purchased or begun proceedings to acquire the site within eighteen (18) months after the date the subdivision is finally approved by the city council, the subdivider may proceed to dispose of it in accordance with the provisions of this ordinance.
10. Streets and alleys: The design and construction of all streets intended for public dedication and city maintenance shall be in accordance with the adopted Uniform Construction Standards of the City of Salisbury.
11. Blocks: The maximum distance between intersections within new subdivisions shall be 800 feet. This block division could be created by four-way or three-way intersections, including street stubs connecting to adjoining properties.
12. Cul-de-sacs:
13. Sidewalks:
14. Lots: All new lots shall front upon a public street, except as specifically approved in Residential Development A or B Districts, and the size, shape and orientation of lots shall be appropriate for the type of development and use contemplated. Pipestem lots shall be prohibited in all zoning districts, except in the A-1 Agricultural District, where they may be allowed if the width of the stem is at least sixty (60) feet. Where question arises as to appropriateness, the subdivider may be required to provide additional design information.
a. Orientation: Side lot lines shall be substantially at right angles or radial to street lines.
b. Residential lots shall comply with the following requirements:
(1) Area: All lots shall have a minimum area as required by the zoning ordinance, but no less than seventy-five hundred (7,500) square feet. However, lots served only by a public water supply shall be not less than fifteen thousand (15,000) square feet in area, and lots not served by a public water supply or sewer shall be not less than twenty thousand (20,000) square feet in area.
(2) Width: All lots shall have a minimum width as required by the zoning ordinance, but no less than sixty (60) feet at the building line or thirty-five (35) feet at the right-of-way. However, lots served by public water but not public sewer shall be not less than seventy-five (75) feet, and lots not served by either public water or public sewer shall be not less than one hundred (100) feet.
(3) Depth: All lots shall have a minimum mean depth of not less than one hundred twenty-five (125) feet. However, lots served by public water but not public sewer shall be not less than one hundred fifty (150) feet, and lots not served by either public water or public sewer shall be not less than one hundred fifty (150) feet.
c. Nonresidential lots shall comply with the following requirements:
(1) Area: All new, nonresidential lots shall have a minimum area as required by the zoning ordinance, but no less than twelve thousand five hundred (12,500) square feet.
2) Width: All new, nonresidential lots shall have a minimum width as required by the zoning ordinance, but no less than one hundred (100) feet at the building line or fifty (50) feet at the right-of-way.
(3) Depth: All new, nonresidential lots shall have a minimum mean depth of not less than one hundred twenty-five (125) feet.
15. Building setback lines: The minimum setback from property lines shall be as required by the zoning ordinance. Where property is adjacent to a designated thoroughfare, either existing or proposed, the setback shall be measured from the future right-of-way as identified in the adopted thoroughfare plan; however, this provision does not require dedication of land needed to meet the future right-of-way width.
16. Easements: Utility and other easements shall be provided as follows:
a. Utility easements centered on rear or side lot lines shall be provided where necessary and shall be at least ten (10) feet in width.
b. Where a subdivision is traversed by a watercourse, provided a storm water easement conforming substantially with the lines of such watercourse, and such further width or construction, or both, in accordance with the adopted Uniform Construction Standards of the City of Salisbury.
c. Lakes, ponds, creeks, and similar areas within the city will be accepted for maintenance only if sufficient land is dedicated as a neighborhood recreation area or park. Such areas must be approved by the planning board before approval of the final plat.
17. Buffer strips: In residential districts a buffer strip at least fifty (50) feet in depth in addition to the normal lot depth required shall be provided adjacent to all railroads, limited access highways, and commercial developments. This strip shall be a part of the platted lots, but shall have the following restriction lettered on the face of the plat: "This strip reserved for the planting of trees or shrubs by the owners; the building of structures hereon is prohibited."
18. Water and sewer utilities: Sewer and water utilities which do not come under the immediate supervision of the municipality shall comply with the following:
a. Community water systems. An acknowledgment from the director, sanitary engineering division, state board of health to the city confirming their authorization for a community water system.
b. Central sewerage system. An acknowledgment from the N.C. Board of Water and Air Resources to the city confirming their authorization for the installation of a central sewerage system.
c. Individual sewer and water system. An acknowledgment from the health director in whose jurisdiction the subdivision falls indicating that the water supply and sewage disposal system installed or proposed for installation fully meets the requirements of the North Carolina State Board of Health.
(Ord. No. 1994-12, § 1, 3-1-94; Ord. No. 1997-23, § 4, 3-18-97; Ord. No. 2001-25, § 1, 4-3-01)
Section 5.03. Installation of improvements.
1. Installation or guarantee required. Approval of the final plat shall be subject to the subdivider having installed the improvements designated on the approved engineering drawings or having guaranteed, to the satisfaction of the city, the installation of said improvements.
2. Guarantee of improvements. Where the required improvements have not been completed prior to the submission of the plat for final approval, the approval of said plat shall be subject to the subdivider guaranteeing the installation of the improvements in one of the following methods:
a. Filing a performance or surety bond in an amount to be determined by the subdivision administrator. The amount shall be within ten (10) percent of the city's estimated cost of construction, but in no case shall be less than five thousand dollars ($5,000.00).
b. Depositing or placing in escrow a certified check or cash in an amount to be determined by the subdivision administrator as noted above. Portions of the security deposit may be released as work progresses.
3. Installation of improvements within the city limits.
a. Street and sidewalk improvements and storm drainage: Streets and sidewalks shall be constructed within all proposed street rights-of-way. All streets, sidewalks, and storm drainage shall be installed in accordance with approved engineering drawings and the adopted Uniform Construction Standards of the City of Salisbury. Streets and sidewalks shall be extended within existing rights-of-way as needed to provide publicly maintained street frontage to all newly created lots; however, construction standards may be modified to coincide with an existing publicly maintained street stub, if applicable.
b. Utilities: If any portion of the original property is located within two hundred (200) feet of a public sanitary sewer main, or within three hundred (300) feet of a public water main, the subdivider shall provide for public service to all newly created lots. Sanitary sewers and water mains shall be installed in accordance with approved engineering drawings and the adopted Uniform Construction Standards of the City of Salisbury. Should private water and sewerage systems be allowed, such shall meet the requirements of the North Carolina Sate Health Department or Board of Water and Air Resources, as applicable.
4. Improvements beyond the city limits.
a. General provision: The approval of a plat shall not be deemed to constitute or effect the acceptance by the city or public of the dedication of any street or other ground, public utility line or other public facility shown on the plat. The city 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 regulations jurisdiction. Acceptance of dedication of lands or facilities located within the subdivision regulation jurisdiction but outside the corporate limits of the city shall not place on the city any duty to open, operate, repair, or maintain any street, utility line, or other land or facility, and the city 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. Sidewalk maintenance and repair shall be the responsibility of the homeowners association or adjacent property owners.
b. Improvements required: All street improvements and such applicable improvements as sidewalks, storm sewers, sanitary sewers, and water mains shall be installed in accordance with the requirements of the City of Salisbury. The right-of-way, design and construction of streets and street drainage shall also be reviewed and approved by the district engineer of the division of highways.
5. Major improvements. Where official plans of the City of Salisbury call for major thoroughfares, interceptor sewer lines or water mains, such improvements shall be made by the developer in accordance with the stated ordinances and policies of the City of Salisbury.
6. Permanent reference points. Prior to the approval of the final plat for any conventional subdivision, permanent reference points shall have been placed in accordance with the following requirements:
a. Subdivision corner tie: At least one (1) corner of the subdivision shall be accurately tied to and coordinated with a horizontal control monument in accordance with the North Carolina Administrative Code, Standards and Practice for Land Surveying. The subdivision corner tie may also serve as one of the control corners listed below.
b. Control corners: At least three (3) control corners shall be established in accordance with G.S. 39-32.1, 39-32.2 and 39-32.3, and clearly identified on the final plat. All monuments shall be constructed of concrete and shall be at least four (4) inches in diameter or square and not less than three (3) feet in length. Each monument shall have imbedded in and flush with its top to serve as the point a metal rod capable of being detected by standard surveying means. Such monuments shall be set at least thirty (30) inches in the ground with six (6) inches exposed above the ground unless this requirement is impractical because of traffic or other factors. The surveyor shall employ additional monuments if and when required.
c. Property markers: A steel or wrought iron pipe or the equivalent not less than one-half (1/2) inch in diameter and at least twenty-four (24) inches in length shall be set at all corners, except those located by monuments. A marker shall also be set at a point of curve, point of intersection, property corner, point of tangency, reference point and tangent unless a monument has already been placed at these points. Additional markers shall be placed at other points of importance if and when required.
d. Accuracy: Land surveys within the corporate limits shall meet the standards of Class A surveys, and beyond the corporate limits, Class B surveys, as defined by the North Carolina Administrative Code, Standards and Practice for Land Surveying.
(Ord. No. 1994-12, § 1, 3-1-94; Ord. No. 2001-25, § 2, 4-3-01)
Section 5.04. Final plat.
1. Final plat submittal. No street shall be accepted and maintained by the city, nor shall any street lighting, water, or sewer be extended to or connected with any subdivision of land, nor shall any permit be issued by an administrative agent or department of the city for the construction or occupancy of any building or other improvement requiring a permit upon any land subdivided within the jurisdiction of the City of Salisbury unless and until the final plat has been approved by the city council and duly recorded on the records of Rowan County. The procedure for obtaining plat approval is as follows:
a. The subdivider shall submit the original and two (2) copies of the final plat to the subdivision administrator. There shall be no fee for this submittal.
b. The final plat shall be in conformity with an approved preliminary plat and engineering drawings, if applicable, or with an approved draft plat if determined as a minor plat subdivision.
c. Approval of the final plat shall be subject to the subdivider having installed improvements in accordance with approved engineering drawings or having guaranteed the installation of improvements in accordance with section 5.03.2 of this ordinance.
d. The final plat shall be properly signed and executed as required for recording by the Register of Deeds of Rowan County.
e. Final plats submitted at least eight (8) business days prior to the next regularly scheduled city council meeting and found to be in conformance with the standards of this ordinance shall be transmitted with comments and recommendations to council.
f. Action of the city council shall be noted on the original mylar tracing of the final plat. One (1) print and the original plat shall be returned to the subdivider, and one print shall be filed with the subdivision administrator.
2. Final plat requirements. The final plat shall be at the scale required by the Register of Deeds of Rowan County and shall conform substantially to the preliminary plat as approved. The final plat shall constitute only that portion of the approved preliminary plat which the subdivider purposes to record and develop at the time provided, however, that such portion conforms to all requirements of this ordinance. The final plat shall be prepared on mylar by a registered surveyor and shall show the following information: