TOWN OF VALDESE
NORTH CAROLINA

WESTERN PIEDMONT COUNCIL OF GOVERNMENTS

1984
Amended 1999

TABLE OF CONTENTS

ARTICLE A SUBDIVISION ORDINANCE FOR VALDESE, NORTH CAROLINA
Section 9-2001. Title
Section 9-2002. Authority and Enactment Clause
Section 9-2003. Jurisdiction
Section 9-2004. Purpose
Section 9-2005. Services and Permits
Section 9-2006. Penalties for Violation
Section 9-2007. Separability
Section 9-2008. Variances
Section 9-2009. Registration of Ordinance and Plats
Section 9-2010. Amendments
Section 9-2011. Abrogation

ARTICLE B DEFINITIONS
Section 9-2020. Subdivision
Section 9-2021. Minor Subdivision
Section 9-2022. Additional Definitions
Section 9-2023. Word Interpretation

ARTICLE C PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION PLATS
Section 9-2030. General
Section 9-2031. Minor Subdivision Approval Process
Section 9-2032. General Subdivision Approval Process
Section 9-2033. Preliminary Plat
Section 9-2034. Final Plat Approval Process
Section 9-2035. The Final Plat
Section 9-2036. Review Procedure

ARTICLE D INSTALLATION OF PERMANENT REFERENCE POINTS AND IMPROVEMENTS
Section 9-2040. Permanent Reference Points
Section 9-2041. Design Standards and Required Improvements

ARTICLE E GENERAL REQUIREMENTS AND MINIMUM STANDARDS OF DESIGN
Section 9-2050. General Requirements
Section 9-2051. Design Standards
Section 9-2052. Lot Designs
Section 9-2053. Cluster Development and the Creation of Permanent Open Space Through a Planned Unit Development
Section 9-2054. Hillside Subdivisions

ARTICLE A
SUBDIVISION ORDINANCE FOR VALDESE, NORTH CAROLINA

AN ORDINANCE ESTABLISHING COMPREHENSIVE SUBDIVISION REGULATIONS FOR THE TOWN OF VALDESE, NORTH CAROLINA, AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF.

SECTION 9-2001. TITLE

This Ordinance shall be known and may be cited as the Subdivision Ordinance for the Town of Valdese, North Carolina.

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SECTION 9-2002. AUTHORITY AND ENACTMENT CLAUSE

The Town Council of the Town of Valdese, pursuant to the authority conferred by Chapter 160A-371 through Section 160A-376 of the General Statutes of the State of North Carolina, does hereby ordain and enact into law these Articles and Sections.

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SECTION 9-2003. JURISDICTION

On and after the date of adoption, these regulations shall govern each and every subdivision of land submitted for review within the Town of Valdese (hereinafter referred to as the "Town").

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SECTION 9-2004. PURPOSE

The ordinance establishes procedures and standards for the development and subdivision of real estate and regulating the subdivision of land and for the surveying and platting thereof, as adopted and prescribed in this Ordinance, as hereby found by the Town Council of Valdese to be necessary and appropriate in order to: a. Promote the orderly development of the Town and safeguard conditions essential to public health, safety, and welfare; b. Provide space for safe and sanitary dwelling accommodations within the Town; c. Promote the eventual elimination of unsafe and unsanitary conditions arising from the overcrowding and concentration of population, improper planning, lack of proper light, air and space, unsafe or unsanitary design and arrangements, lack of sanitary facilities, and existence of conditions which endanger life or property by fire or other causes; d. Provide for economical and sufficient streets with adequate width and proper alignment and grade for the coordination of utilities, streets, and highways within proposed subdivisions with existing or planned streets and highways and other public facilities; and e. Provide proper land records for the convenience of the public and for better identification and permanent location of real property boundaries;

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SECTION 9-2005. NO SERVICE OR PERMITS UNTIL FINAL PLAT APPROVED

No street shall be accepted and maintained the by Town 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 Town for the construction of any building or other improvement requiring a permit upon any land concerning which a plat is required to be approved, unless and until the requirements set forth in this Ordinance have been complied with.

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SECTION 9-2006. PENALTIES FOR VIOLATION

After the effective date of this Ordinance, any person who, being the owner or agent of the owner of any land located within the jurisdiction of this Ordinance, thereafter subdivides such land in violation of the 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 such Ordinance and recorded in the office of the appropriate register of deeds, shall be subject to the penalties in the subsections listed below. The description 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 Council, may enjoin illegal subdivision, transfer, or sale of land by injunction.

1. Any person violating any provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished for each offense by a fine not exceeding two hundred dollars ($200) or by imprisonment not to exceed thirty (30) days.
2. In addition to the penalty in subsection (1) above, a violation of this ordinance shall also be a civil offense and shall subject the offender to a civil penalty in the amount of fifty dollars ($50) per day that the violation continues. Any person violating this ordinance shall be issued a written citation. The penalty shall be paid to the tax collector at the Valdese Town Hall within seventy-two hours from the time of issuance of the written citation.
3. Each day's continuing violation shall be a separate and distinct offense.
4. In addition to the penalties imposed under subsection (1) and (2) above, the provisions of this ordinance may also be enforced through equitable remedies issued by a court of competent jurisdiction including injunction and order of abatement.
5. This ordinance may be enforced by any one, all, or a combination of the remedies authorized herein.

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SECTION 9-2007. SEPERABILITY

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.

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SECTION 9-2008. VARIANCES
 
9-2008.01 Varying Minimum Standards
These land subdivision regulations are adopted only as minimum requirements. Developers are encouraged to go beyond the standards of these regulations. The Planning Board and the Town Council may require standards above the minimum contained herein whenever the public health, safety, and welfare justify such increase. Furthermore, the regulations may be reduced or otherwise varied when they would create a hardship which would meet the hardship requirements described below. In granting such variances, the Planning Board and Town Council may attach and require whatever conditions the acting body decides are necessary to secure the basic objectives of this Ordinance. Any variance granted shall be noted in the official minutes of the body granting the variance along with the reasons which justified the granting of the variance.

9-2008.02. Hardship Required
Either the Planning Board or the Town Council may reduce or otherwise vary the requirements of these regulations when a definite hardship is created by strict enforcement of the standards herein. The following conditions must be met before any variance can be granted by the Planning Board or the Town Council:

1. A particular hardship to the subdivider would occur because of peculiar physical surroundings or topographical conditions of the specific property involved. A definite major hardship must be demonstrated and distinguished from a minor inconvenience.
2. The conditions upon which the request for a variance is based are unique to the property involved and are not generally applicable to other properties and have not been created by any person having an interest in the property.
3. The purpose of the variation is not based exclusively upon a desire for financial gain.
4. The variance will not be detrimental to the public safety, health, or welfare, or injurious to other property or improvements in the neighborhood in which the property is located.

SECTION 9-2009. REGISTRATION OF ORDINANCE AND PLATS
 
9-2009.01. North Carolina General Statutes
In accordance with Article 160A-373 of the General Statutes of North Carolina, the Town shall file a copy of this Ordinance with the Register of Deeds of Burke County upon adoption.

9-2009.02. Register of Deeds
The Register of Deeds shall not, after the effective date of this Ordinance, record a plat of a subdivision of land lying within the jurisdiction of this Ordinance that has not been approved in accordance with the provisions contained herein; nor shall the Clerk of Superior Court order or direct the recording of a plat if the recording would be in conflict with the provisions or intent of this Ordinance.

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SECTION 9-2010. AMENDMENTS

The Town Council may from time to time amend the terms of this Ordinance, but no amendment shall 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 thirty (30) days within which to submit its report. If the Planning Board fails to submit a report within the specified time, it shall be deemed to have approved the amendment.

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SECTION 9-2011. 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 greater restrictions, the provisions of this Ordinance shall govern.

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ARTICLE B
DEFINITIONS

SECTION 9-2020. SUBDIVISION

For the purposes of this Ordinance, the term "subdivision" shall mean all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions 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 established herein:

EXEMPTIONS:

1. 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 the Town as shown in its subdivision regulations;
2. The division of land into parcels greater than ten (10) acres where 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;
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 the resultant lots are equal to or exceed the standards of the Town, as shown in this Ordinance.

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SECTION 9-2021. MINOR SUBDIVISION

The developer of a minor subdivision shall obtain all required permits and provide all necessary information related to water, sewer, sediment/erosion control, stream assessment, wetland assessment, watershed, historical and archeological sites.

For purposes of these regulations, a minor subdivision is defined as a subdivision:

1. Involving not more than five (5) lots fronting on an existing approved street; and
2. Not involving any new street or prospectively requiring any new street for access to interior property; and
3. Not requiring extension of public sewage or water lines or creation of new drainage easements through lots to serve property at the rear; and
4. Not adversely affecting the development of the remainder of the parcel or of adjoining property; and
5. Creating no new or residual parcels not conforming to the requirements of these regulations.

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SECTION 9-2022. ADDITIONAL DEFINITIONS

For the purpose of this Ordinance, certain words or terms used herein shall be defined as follows:

1. ACCESS CORRIDORS. A strip of land lying between the side lot boundary lines of lake or river front lots offering access to lots at least one lot depth away from the water's edge.
2. ALLEY. A minor right-of-way privately or publicly owned, primarily for service access to the back or side of properties.
3. BUFFER. A buffer as required by certain sections of these regulations shall be one of, or equal to one of the following:
   1. A six-foot high wood basket-weave type fence.
   2. A six-foot high solid picket type fence with the pickets being placed facing the adjoining property.
   3. A six-foot high chain link type fence with panel inserts.
   4. A six-foot high open type fence with evergreen vegetation planted facing the adjoining property and completely blocking the view from one area to another.
   5. A six-foot high solid masonry wall.
   6. Other and/or additional screening as required by the Zoning Enforcement Officer.
4. BUILDING. Any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, or property of any kind.
5. BUILDING SETBACK LINE. A line establishing the minimum allowable distance between the nearest portion of any building, excluding the outermost five feet (5') of any uncovered porches, steps, gutters, and similar fixtures, and related front, rear, or side property, or a right-of-way line if the right-of-way is closer to the building.
6. CLERK OF SUPERIOR COURT. Clerk of Superior Court of Burke County, North Carolina.
7. TOWN COUNCIL. The words "Town Council" shall mean the Town Council of Valdese, North Carolina.
8. DEDICATION. A gift, by the owner, of his property to another party without any consideration being given for the transfer. Since a transfer of property is involved, the dedication is made by written instrument and is completed with an acceptance.
9. DOUBLE FRONTAGE LOT. A continuous (through) lot which is accessible from both streets upon which it fronts.
10. EASEMENT. A right to use the land of another for a special purpose such as a right of ingress and egress, or a right to maintain a utility line across the land of another.
11. HILLSIDE SUBDIVISION. Land proposed to be subdivided which has a slope of sixteen per cent (16%) or greater. That is, an average difference in elevation of at least sixteen (16) feet in a horizontal distance of one hundred (100) feet. The average shall be obtained from at least fifteen (15) measurements, each twenty (20) feet from the next.
12. LOT. A parcel of land occupied or capable of being occupied by a main building or group of buildings and accessory buildings, together with such yards, open spaces, and lot areas as are required by the zoning ordinance, and having not less than the minimum required frontage upon a street, either shown on a plat of record, or considered as a unit of property and described by metes and bounds.
13. LOT FRONT. A portion of the lot adjacent to the street. In the case of lots which abut a stream, lake, or pond, the lot front is considered to be the part of the lot which abuts the water.
14. OFFICIAL MAPS OR PLANS. Any maps or plans endorsed by the Town Council as a guide to the development of Valdese.
15. ORDINANCE. The word "Ordinance" or "Regulation" shall mean the Subdivision Ordinance for Valdese, North Carolina.
16. PLANNED UNIT DEVELOPMENT. The planned unit development is a permitted use designed to provide for developments incorporating a single type or a variety of residential and related uses which are planned and developed as a unit. Such development may consist of individual lots or common building sites. Common land must be an element of the plan related to effecting the long-term value of the entire development.
17. PLANNING BOARD. The words "Planning Board" shall mean the Planning Board of Valdese, North Carolina.
18. PLAT. A map or plan of a parcel of land which is to be or has been subdivided.
19. PRIVATE STREETS. A street intended to be for private ingress or egress, or to serve a large development under one ownership, such as in a large industrial park or within a planned unit development.
20. RECREATION AREA OR PARK. An area of land or combination of land and water resources that is developed for active and/or passive recreation that may include manmade features that accommodate such activities.
21. RESERVATION. A reservation of land does not involve any transfer of property rights. It simply constitutes an obligation to keep property free from development for a stated period of time.
22. SINGLE-TIER LOT. A lot which backs upon a limited access highway, a railroad, a physical barrier, or another type of land use and to which access from the rear is usually prohibited.
23. STAFF PLANNER. The words "Staff Planner" shall mean the planner for Valdese, North Carolina, or his designated agent.
24. STREETS. A dedicated and accepted public right-of-way for vehicular traffic. The following classifications shall apply:
    1. Access Street. A platted street designed for the purpose of giving access to adjacent property owners.
    2. Arterials. This thoroughfare category includes those streets and highways which carry large volumes of traffic at moderate speeds through and within Valdese. These thoroughfares provide access to major commercial, industrial, and public traffic generators.
    3. Major Collector Streets. As the name indicates, traffic from local streets is collected by these thoroughfares and carried to arterial streets. While also serving as connectors between arterials, these streets perform an additional function of providing access to abutting properties. Smaller volumes of traffic are carried on these streets and speeds are lower.
    4. Local or Minor Streets. The local street system comprises all facilities not in one of the higher systems. It serves primarily to provide direct access to abutting land and access to the higher order system.
    5. Cul-de-sac. A short local street having but one end open to traffic and the other end being permanently terminated and a vehicular turn-around provided.
25. SUBDIVIDER. Any person, firm, organization, or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.

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SECTION 9-2023. WORD INTERPRETATION

For the purpose of this Ordinance, certain words shall be interpreted as follows:

The word "may" is permissive.

The words "shall" and "will" are mandatory.

The present tense includes in the future tense and the future tense includes the present tense.

The singular includes the plural and the plural includes the singular.

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ARTICLE C
PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION PLATS

SECTION 9-2030. GENERAL

No final plat of a general subdivision within the jurisdiction of Valdese as established in Section 9-2003 of this Ordinance shall be recorded by the Register of Deeds of Burke County until it has been approved by the Town Council as provided herein. No final plat of a minor subdivision within the jurisdiction of Valdese as established in Section 9-2003 of this Ordinance shall be recorded by the Register of Deeds of Burke County until it has been approved by the Planning Board for plats over five acres, or approved by the Planning Staff for plats five acres or less, as provided herein. To secure such approval of a final plat, the subdivider shall generally follow the procedures established in this section.

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SECTION 9-2031. MINOR SUBDIVISION APPROVAL PROCESS

If the land to be subdivided meets the requirements of a minor subdivision as defined in Section 9-2021 of this Ordinance, the subdivider will not have to follow the same procedures as for a general subdivision. The Staff Planner can approve minor subdivision plats that consist of five acres or less. Minor subdivisions over five acres in size shall be approved by the Planning Board. The review process for minor subdivisions shall be adequate to protect the public interest, but should also provide minimum delay and expense to the subdivider. A preliminary plat is not required. The developer may go from a sketch plan to a final plat with the approval of the Staff Planner. However, the following minor plat approval process may be used only where the subdivision includes all contiguous land owned by the subdivider.

9-2031.01. Sketch Plan Required
A preliminary plat shall not be required for approval for minor subdivisions. Instead, a sketch design plan shall first be submitted to the Staff Planner for approval which 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.
2. The boundaries of the tract to be subdivided.
3. The total acreage to be subdivided.
4. The existing and proposed uses of the land within the subdivision and adjoining it.
5. The lines of existing streets and easements.
6. The name, address, and telephone number of the owner and/or developer.
7. The zoning classification of the tract and adjacent properties.

9-2031.02. Review Procedure
The Staff Planner shall review the sketch design plan for general compliance with the requirements of this Ordinance and shall 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 final plat.

9-2031.03. Approval of Sketch Plat by Staff Planner
Upon approval of the sketch plan, the subdivider shall be advised that the final plat may be prepared as long as it conforms to the sketch plat. This review shall in no way be construed as constituting an official approval for recording.

9-2031.04. Dispute of Findings of Staff Planner
In the event that the subdivider disagrees with any findings of the Staff Planner concerning approval of a final plat of a minor subdivision, the matter shall be taken to the Planning Board for a decision.

9-2031.05. Disposition of Copies
A copy of the sketch plan shall be retained as part of the files of the Staff Planner, with the original drawing being returned to the subdivider or his authorized agent.

9-2031.06. Final Plat Approval of Minor Subdivision
In order not to cause any unnecessary expense to the developer and to the administrative departments of the Town, the Planning Staff shall have the responsibility for approving minor subdivisions that consist of five acres or less. The Planning Board shall have the responsibility for approving minor subdivisions that are larger than five acres. If the subdivision consists of five acres or less, the Staff Planner shall approve or disapprove the plat within fifteen (15) working days after it is submitted. If the subdivision is larger than five acres, the Planning Board shall approve or disapprove the plat within thirty working day after it is submitted. The final plat for a minor subdivision shall show all information required for a final plat for general subdivisions as prescribed by this Ordinance. The recording requirements for a minor subdivision plat shall be the same as for a general subdivision plat as provided in this Ordinance. If a minor subdivision plat is disapproved, the Staff Planner shall specify the reasons for such action in writing, and provide a copy of such reasons to the subdivider. If a minor subdivision plat is disapproved by the Planning Staff, the subdivider may make such changes as are recommended and submit a revised minor plat, or appeal the decision to the Planning Board. If a minor subdivision plat is disapproved by the Planning Board, the subdivider may make the such changes as are recommended by the Planning Board and submit a revised minor plat, or appeal the decision to the Town Council.

SECTION 9-2032. GENERAL SUBDIVISION APPROVAL PROCESS

The following Sections shall be followed to obtain approval of all general subdivisions.

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SECTION 9-2033. PRELIMINARY PLAT

A preliminary plat shall be submitted to the Planning Staff at least twenty (20) days prior to a regular meeting of the Planning Board, for every subdivision of land which is located within the territorial jurisdiction established by Section 9-2003, hereof unless it meets the requirements of a minor plat.

The Staff Planner shall review the preliminary plat for general compliance with the requirements of this Ordinance and any other applicable Ordinances and shall advise the subdivider or his authorized agent of the procedures to be followed in the preparation and submission of the preliminary and final plats. This review shall in no way be construed as constituting an official action of approval for recording of the subdivision by the Planning Board or the Town Council as required by this Ordinance.

9-2033.01. Number of Copies and Graphic Media
Eight (8) copies of the preliminary plat shall be submitted; no specific graphic media must be employed.

9-2033.02. Size of Plat and Scale
Preliminary plats shall be prepared on 18 inch by 24 inch media. Preliminary plats shall be prepared at a scale of one (1) inch equals two hundred (200) feet, or greater. (Reference to Section 9-2035.03.)

9-2033.03. Contents Required
The preliminary plat shall depict or contain the following information:

1. The proposed name of the subdivision;
2. A sketch vicinity map showing the relationship between the proposed subdivision and the surrounding area;
3. The boundaries of the tract or portion thereof to be subdivided, distinctly and accurately represented, with all bearings and distances shown;
4. Street line;
5. Scale denoted both graphically and numerically;
6. North arrow and declination;
7. Line drawings for water and sewer;
8. The accurate locations and descriptions of all monuments, markers, and control points;
9. Proposed street names;
10. Zoning Classification of proposed subdivision and adjacent property;
11. The date of the survey and plat preparation;
12. Certifications as required by Section 9-2035 of this ordinance;
13. Site calculations, including:
    1. acreage in total tract to be subdivided,
    2. acreage in parks and other nonresidential use,
    3. total number of parcels created,
    4. linear feet in streets,
    5. delineate drainage area onsite and offsite,
    6. proposed lot lines, lot numbers, and approximate dimensions
14. Proposed minimum building setback lines;
15. The name(s), address(es), and telephone number(s) of the owner(s) registered surveyor(s), land planner(s), architect(s), landscape architect(s), and professional engineer(s) responsible for the subdivision and the registration number(s) and seal(s) of the professional engineer(s) and registered surveyor(s).
16. Any other information considered by either the subdivider or the Planning Board to be pertinent to the review of the final plat.
17. The developer shall provide any required letters of approval from any state or federal agencies;
18. Water courses, railroads, bridges, culverts, storm drains, both on the land to be subdivided and on the land immediately adjoining corporate limits, township boundaries, and county lines;
19. Wooded areas, marshes, swamps, rock outcrops, ponds or lakes, streams or stream beds, and any other natural features affecting the site;
20. The preliminary plat shall be accompanied by a copy of any proposed deed restrictions or similar covenants (mandatory when private recreation areas are established). A copy of any deed restrictions or any other similar covenants proposed for the subdivision.

Plats not illustrating or containing the above listed data shall be returned by the Staff Planner to the subdivider or his authorized agent for completion and resubmission.

9-2033.04. Review Procedure
The Planning Board shall review and take action on each preliminary plat within thirty (30) days after submission. First consideration shall be at the next regularly scheduled meeting of the Planning Board that follows at least twenty (20) days after the Plat is submitted.

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SECTION 9-2034. FINAL PLAT APPROVAL PROCESS

9-2034.01. Improvements Installation
Upon the approval of the preliminary plat by the Planning Board, the subdivider may proceed with the preparation of the final plat and the install the required improvements or make arrangements for installation of the required improvements in accordance with the approved preliminary plat and the requirements of this Ordinance.

Prior to approval of a final plat, the subdivider shall have completed installation of the improvements or provided guarantees of such installation, as specified in this Ordinance.

9-2034.02. Town Participation and Costs
The Town may, at the election of the Town Council, pay up to two-thirds of the costs of providing water and sewer services and one-third of the cost of paving streets and sidewalks, including curb and guttering, in accordance with the plans shown on the approved plat. If the subdivider desires Town participation, a written request should be made to the Town prior to the installation of any improvements. The Town may elect to participate in the cost of such improvements through one of the following methods:

A. The Town staff shall review the plans and specifications provided by the subdivider for such improvements and provide the Town Council with an estimate of the costs for such improvements. The Council may then authorize the Town to enter into a contract in which the Town will reimburse the subdivider for the lesser of the applicable percentage of costs or an authorized amount based on the estimated costs. Such reimbursement shall be made upon final inspection and acceptance of improvements by the Town engineer; provided, however, that the Council may, in its discretion, authorize such reimbursement to be paid in annual installments over a determined period of time and at an interest rate designated by the Council; or

B. The Council may authorize the Town to enter into a contract with the subdivider in which the Town will administer the construction and contract for the installation of the improvements and the subdivider will reimburse the Town its share of the cost of such improvements, based on the percentages set out above. The subdivider shall guarantee payment of the improvements as provided in Section 9-2034.03 and payment shall be due within thirty days of the submittal of the bill by the Town, unless otherwise provided in the contract between the subdivider and the Town.

9-2034.03. Performance Guarantee
Where the required improvements have not been completed prior to the submission of the plat for final approval, the approval of the plat shall be subject to the subdivider guaranteeing the installation of the improvements by one of the following methods:

1. Filing a performance or surety bond in an amount to be determined by the Town. Performance guarantees shall run for one year and may be renewed annually for additional periods upon the written approval of the Town Council.
2. Depositing or placing in escrow a certified check or cash in an amount to be determined by the Town. Portions of the surety deposit may be released as work progresses.
3. Entering into an agreement with the Town guaranteeing the completion of the required work, said agreement to be binding on subsequent purchasers of the property and to be recorded at the option of the Town. The agreement shall provide that satisfactory security be furnished guaranteeing the completion of the necessary improvements before each section of the subdivision is developed.

9-2034.04. Defects Guarantee
The owner of a subdivision shall require the contractor constructing streets, curbs, gutters, drainage facilities, sidewalks, water and sewer lines to give bond guaranteeing the work against defects for a period of one year from the date of acceptance of such construction; but if said improvements for the recorded plat are constructed at different times, then said guarantee shall continue until one year from the date of acceptance of the improvement last constructed.

9-2034.05. Final Plat Review
No final plat will be accepted for review by the Planning Board or Town Council unless accompanied by written notice by the Staff Planner acknowledging compliance with this Ordinance.

SECTION 9-2035. THE FINAL PLAT

The final plat may be approved for only that portion of the preliminary plat which the subdivider proposes to record and develop; however, all properties on the final plat shall conform to all requirements of this Ordinance.

No final plat shall be approved unless and until the subdivider shall have installed, in that area represented on the final plat, all improvements required by this Ordinance (or shall have guaranteed their installation as provided for in Section 9-2034.03 of this Ordinance and all permanent reference points described in Article D of this Ordinance).

9-2035.01. Plat Submitted
The subdivider shall submit five (5) copies of the final plat, so marked, to the Staff Planner not less than twenty (20) days prior to the Planning Board meeting. One additional copy shall be prepared in accordance with G.S. 47-30 and shall bear all the required certifications set forth in Section 9-2035.04 of this ordinance, at which time it will be considered for approval. The reproducible drawing shall be given to the Staff Planner not later than the date of the Planning Board meeting at which approval is requested. The plat shall be submitted not more than twelve (12) months after the date on which the preliminary plat was approved; provided, however, a written extension of this time limit may be granted by the Planning Board on or before the one-year anniversary of the approval.

9-2035.02. Size of Plat and Scale
Final plats shall have an outside marginal size of not more than eighteen (18) inches by twenty-four (24) inches nor less than eight and one-half (8") inches by eleven (11) inches, including one and one-half (1") inch border for binding on the left margin and one-half (1/2") inch border on each of the other sides. Where size of land areas or suitable scale to assure legibility require, maps may be placed on two or more sheets with appropriate match lines. Final plats shall be drawn at a scale of one (1) inch equals two hundred (200) feet, or greater.

9-2035.03. Plat Prepared
The final plat shall be prepared by a surveyor licensed and registered to practice in the State of North Carolina. The final plat shall substantially conform to the preliminary plat as it was approved. The final plat shall conform to the provisions of Section 47-30 of the General Statutes of North Carolina.

9-2035.04. Certification Required
The following signed certificates shall appear on the reproducible copy of the final plat which is submitted to the Planning Board by the subdivider:

A. CERTIFICATION OF OWNERSHIP AND DEDICATION

I hereby certify that I am/we are the owner of the property shown and described hereon, which is located in the subdivision jurisdiction of Valdese and that I/we hereby adopt this plan of subdivision setback lines, and dedicate all sanitary sewer, water lines and streets to Valdese.

DATE:

(Notary Statement)


B. CERTIFICATE OF SURVEY AND ACCURACY

I, , certify that this was (drawn by me) (drawn under my supervision) from (an actual survey made by me) (an actual survey made under my supervision) (deed description recorded in Book , Page , Page , etc.) (other); that the error of closure as calculated by latitudes and departures is 1: : that the boundaries not surveyed are shown as broken lines plotted from information found in Book , Page ; that this map was prepared in accordance with G.S. 74-30 as amended. Witness my hand and seal this day of , A.D., 19 .

Registered Surveyor

License or Registration Number

C. CERTIFICATE OR APPROVAL OF THE DESIGN AND INSTALLATION OF UTILITIES, AND OTHER REQUIRED IMPROVEMENTS

I hereby certify that all required improvements have been installed in an acceptable manner and according to the Valdese specifications and standards in the Subdivision or that guarantees of the installation of the required improvements in an amount and manner satisfactory to Valdese and has been received.

Valdese Town Manager

If the Planning Board approves the final plat, such approval shall be indicated on each copy of the plat by the following signed certificate:

D. CERTIFICATION OF APPROVAL BY THE PLANNING BOARD

The Valdese Planning Board hereby approves the final plat for the
Subdivision.

Chairman, Valdese Planning Board
Date

If the Town Council approves the final plat, such approval shall be shown on each recordable plat by the following signed certificate:

E. CERTIFICATION OF APPROVAL BY THE TOWN COUNCIL

I hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Ordinance for Valdese, North Carolina, and that this plat has been approved by the Town Council for recording in the office of the Register of Deeds of Burke County.

Date Town Clerk
Certificate of Approval of the design and installation of public streets:

F. DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS SUBDIVISION ROAD CONSTRUCTION STANDARDS CERTIFICATION

APPROVED:
District Engineer
DATE:

Disclosure Statement for the Responsibility for Constructing and Maintaining Private Streets. This statement shall be placed on the final plat and deed and signed by the subdivider or agent before final approval can be granted.

All roads in this subdivision are hereby declared private and shall not be maintained by the North Carolina Department of Transportation. The maintenance of all streets and roads on this subdivision shall be the responsibility of , and it shall be the responsibility of to bring the roads up to the standards of the North Carolina Department of Transportation Secondary Roads Council before any private streets or roads on this plat are included, at any time after the approval of this plat, into the North Carolina State Maintained Road System.

Subdivider or Agent

G. State of North Carolina
County of Burke

I, ___________________, Review Officer of Burke County, certify that the map or plat to which this certification is affixed meets all statutory requirements for recording.

Date________________ _______________________________
Review Officer

9-2035.05. Contents Required
The final plat shall depict or contain the following information plats not illustrating or containing the following data shall be returned by the Staff Planner to the subdivider or his authorized agent for completion and resubmission.

1. The name of the Subdivision;
2. The exact boundary lines of the tract to be subdivided fully dimensioned by lengths and bearings, and the location of intersecting boundary lines of adjoining lines;
3. Scale denoted both graphically and numerically.
4. Street names;
5. The names of owners of adjoining properties and any adjoining subdivisions of record (or proposed and under review);
6. The location and dimensions of all rights-of-way, utility or other easements, riding trails, natural buffers, pedestrian or bicycle paths, and areas to be dedicated to public use with the purpose of each stated;
7. Rights-of-way lines and pavement widths of all streets and the location and width of all adjacent streets and easements;
8. Water courses, railroads, ridges, culverts, storm drains, and both on the land to be subdivided and on the land immediately adjoining;
9. The developer shall provide any required letters of approval from any state of federal agencies;
10. The accurate locations and descriptions of all monuments, markers, and control points;
11. Lots numbered consecutively;
12. A copy of or reference to the book and page(s) where the deed restrictions or any other similar covenants proposed for the subdivision, if any are recorded;
13. The date of the survey and plat preparation;
14. North arrow and declination;
15. All certifications as required by Article C, Section 9-2035.04.
16. The name(s), address(es), and telephone number(s) of the owner(s) registered surveyor(s), land planner(s), architect(s), landscape architect(s), and professional engineer(s) responsible for the subdivision and the registration number(s) and seal(s) of the professional engineer(s) and registered surveyor(s).
17. Any other information considered by either the subdivider or the Planning Board to be pertinent to the review of the final plat.
18. The Planning Staff shall secure from all subdividers a letter which states who shall maintain any street improvements located thereon, and any ditch which has been installed in connection with the installation of such improvements.
19. "As built" drawings and plans of all water system, sewer system, and storm drainage system facilities. Such plans should show all easements and rights-of-way to demonstrate that the facilities are properly placed. These drawings need not be placed on the final plat but must be submitted at the time of request for final plat approval or release of any surety for required improvements, whichever comes later. Any construction or use within the areas delineated by floodway fringe district boundary line and floodway district encroachment line is subject to the restrictions imposed by Floodway Regulations. Any amendment to a previously approved final plat must note in writing on the amended plat the nature and extent of the changes and the deed or plat book and page number where previously recorded.
20. "As built" cross-sections of each town street type used in the development. Such cross-sections should show improvements in the public rights-of-way and in any easement associated with the detail of the street. Features to be shown will usually include: travel lanes, parking lanes (if any), curb and gutter (or ditch), planting strip, sidewalk utility allocation. These drawings need not be placed on the final plat, but must be submitted at the time of request for final plat approval or release of any surety for required improvements, whichever comes later.

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SECTION 9-2036. REVIEW PROCEDURE

Final plats shall be reviewed according to the following procedure:

9-2036.01. Planning Board Review
The Planning Board shall approve or disapprove the final plat within thirty (30) days of its first consideration.

During its review of the final plat, the Planning Board may appoint any engineer or surveyor to confirm the accuracy of the final plat. If substantial errors are found, the costs shall be charged to the subdivider and the plat shall not be approved until such errors have been corrected.

If the Planning Board disapproves the final plat, the Staff Planner shall state in writing its reasons for such action, specifying the provisions of this Ordinance with which the plat does not comply. One copy of this statement shall be transmitted to the subdivider within fifteen (15) days of disapproval and one copy shall be retained by the Planning Board as part of its proceedings. If the final plat is disapproved, the subdivider may make such changes as will bring the plat into compliance with the provisions of this Ordinance and resubmit same for reconsideration by the Planning Board.

9-2036.02. Town Council Review
Upon approval of the final plat by the Planning Board, the Town Council shall review and approve or disapprove the plat at its next regularly scheduled meeting which takes place at least fifteen (15) days after the Planning Board submits its recommendation. This applies only if the Planning Board recommendation is submitted at least fifteen (15) days prior to the Town Council's regularly scheduled meeting.

If the final plat is disapproved by the Town Council, the reasons for such disapproval shall be stated in writing, specifying the provision(s) of this Ordinance with which the final plat does not comply. One (1) copy of such reasons shall be retained by the Town Council as a part of its proceedings, one (1) copy shall be transmitted to the Staff Planner, and one (1) copy shall be transmitted to the subdivider. If the final plat is disapproved, the subdivider may make such changes as will bring the final plat into compliance with this Ordinance and resubmit same for consideration by the Planning Board as identified in paragraph 9-2036.01.

9-2036.03. Disposition of Copies
Upon action by the Town Council on the final plat the Planning Staff shall retain one copy and return the reproducible copy and any other copies to the developer. The reproducible plat shall be filed with the Register of Deeds. One (1) print shall be retained by the Planning Staff.

9-2036.04. Recording of the Final Plat
The subdivider shall file the approved general subdivision final plat with the Register of Deeds of Burke County for recording within sixty (60) days after the date of the Town Council approval. Otherwise, such approval shall be null and void. The subdivider shall file the approved minor subdivision final plat with the Register of Deeds of Burke County for recording within sixty (60) days after the date of the Planning Board or Planning Staff approval, which ever is applicable. Otherwise, such approval shall be null and void.

9-2036.05. Resubdivision Procedures
For any replatting or resubdivision of land, the same procedures, rules, and regulations shall apply as prescribed herein for an original subdivision. Lot sizes may, however, be varied on an approved plan after recording, provided that

1. no lot or tract of land shall be created or sold that is smaller than the size shown on the approved plan;
2. drainage, easements, or rights-of-way shall not be changed;
3. street alignment and block sizes shall not be changed;
4. the property line between the back of the lots shall not be changed;
5. the rear portion of lots shall not be subdivided from the front parts; and
6. the character of the area shall be maintained.

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ARTICLE D
INSTALLATION OF PERMANENT REFERENCE POINTS
AND IMPROVEMENTS

SECTION 9-2040. PERMANENT REFERENCE POINTS

Prior to the approval of the final plat, permanent reference points shall have been placed in accordance with the following requirements:

1. SUBDIVISION CORNER TIE: At least one corner of the subdivision shall be designated by course and distance (tie) from a readily discernible reference marker. If a corner is within two thousand (2,000) feet of a U.S. Coast or Geodetic Station or N.C. Grid System coordinated Monument, or Town of Valdese coordinated system, then this corner shall be marked with a Monument so designated by computed X & Y coordinates which shall appear on the map with a statement identifying this station or Monument to an accuracy of 1:10000. When such a Monument or station is not available, the tie shall be made to some pertinent and physical object or structure that could not be destroyed.
2. MONUMENTS: Within each block of a subdivision at least two (2) Monuments designed and designated as Control Corners shall be installed. The Surveyor shall employ additional Monuments if and when required. 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 its top or attached by a suitable means, a metal plate of noncorrosive material and marked plainly with the point, the surveyor"s registration number, the month and the year it was installed, and the word "Monument" or "Control Corner." Monuments shall be set at least thirty (30) inches in the ground with at least six (6) inches exposed above the ground unless this requirement is impractical.
3. PROPERTY MARKERS: A steel or wrought iron pipe or the equivalent not less than three-fourths (3/4) inches in diameter and at least thirty (30) 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 and reference point unless a Monument is placed at said points. Additional Markers shall be placed where necessary.

9-2040.01. Public Sites and Open Spaces
In subdividing property, due consideration should be given by the subdivider and the Planning Board to the designation of suitable sites for parks, schools, and other uses. Such provision should be indicated on the sketch plan in order that it may be determined when and in what manner such areas will be required.

9-2040.02. Access to Parks, Schools, Etc.
Streets shall be designed or walkways dedicated to assure convenient access to adjacent parks, playgrounds, schools and other places of public assembly. Dedicated walkways shall not be less than ten (10) feet in width.

9-2040.03. Restrictions on the Subdivision for Residential Purposes of Land Subject to Flooding Lots that are subject to flooding shall not be established in subdivisions for the purpose of creating residential building sites except as herein provided. Where the developer proposes to provide a levee or raise the floor elevations above the flood level, an engineering report shall accompany the subdivision application.

A. If there is any water course of any type running through or within one hundred and fifty (150) feet of the property proposed for subdividing, the prospective subdivider shall furnish reasonable evidence to the Planning Board that residential lots within the
subdivision will not be flooded.

B. No proposed residential building lot shown that is wholly subject to flooding shall be approved.

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SECTION 9-2041. DESIGN AND STANDARDS AND REQUIRED IMPROVEMENTS

Street requirements for subdivisions shall meet the current Minimum Construction Standards of North Carolina Department of Transportation, Division of Highways.

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ARTICLE E
GENERAL REQUIREMENTS AND MINIMUM STANDARDS OF DESIGN

SECTION 9-2050. GENERAL REQUIREMENTS

9-2050.01. Conformity to Existing Maps or Plans
The location and width of all proposed streets shall be in conformity with official plans, the adopted thoroughfare plan, maps of the Town of Valdese and existing or amended plans of the Planning Board. Property owners must reserve required right-of-way for proposed road improvements, identified in the adopted thoroughfare plan, when developing property.

9-2050.02. Continuation of Existing Roads
The proposed road layout shall be coordinated with the existing road system of the surrounding area and, where possible, existing principal roads shall be extended.

9-2050.03. Access to Adjacent Properties
Where, in the opinion of the Planning Board, it is desirable to provide access to an adjoining property, proposed roads shall be extended by dedication to the boundary of such property and a temporary turnaround shall be provided.

9-2050.04. Private Streets
Private streets may be allowed in subdivisions, provided they meet the same standards as specified in this Ordinance for maintaining public streets.

9-2050.05. Reserve Strips
There shall be no reserve strips platted in any subdivision unless the developer can show good cause for such to the Planning Board.

9-2050.06. Large Tracts and Parcels
Where land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future roads and logical further resubdivision.

9-2050.07. Lots
All lots shall front upon a public or private street. Every lot must front for at least thirty- five (35) feet on a public or private street, unless it qualifies for an exception as provided below. Insofar as practical, side lot lines shall be at right angles to straight lines or radial to curbed street lines. The Planning Board may approve panhandle lots in exceptional cases where it is impractical to serve an isolated lot by a public street. The frontage of the panhandle lot shall have a minimum width of twenty-five (25) feet providing an access strip between two (2) regular lots to the isolated building site. The area of such strip shall be excluded in computing the lot area and width, and the length of said strip shall not exceed three hundred (300) feet.

9-2050.08. Alleys
Alleys may be provided to the rear of lots used for other than residential purposes. Alleys are prohibited in residential blocks unless such are approved by the Planning Board. All dead-end alleys shall be provided with a turnaround as defined in Section 92051.01.

9-2050.09. Contour Map
A contour map shall be provided if requested by the Town Staff. The contour interval required will depend upon topographic and drainage characteristics and shall be specified by the Town Staff.

9-2050.10. Street Names
Proposed streets, which are obviously in alignment with others existing and named, shall bear the assigned name of the existing streets. In no case shall the name for proposed streets duplicate or be phonetically similar to existing street names, irrespective of the use of the suffix street, avenue, boulevard, drive, place, court, etc.

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SECTION 9-2051. DESIGN STANDARDS

The following design standards shall be considered minimum requirements unless the
subdivision qualifies as a Hillside Subdivision (See Section 9-2054).

92051.01. Streets
The design standards which shall apply to streets are as follows:

1. Right-of-Way Widths. Minimum street right-of-way widths shall be in accordance with the major street plan and shall be not less than the following:
   1. Major Arterials 90 feet
   2. Collector Streets 60 feet
      Local or Minor (Residential Streets) 50 feet
      Marginal Access Streets 50 feet
   3. Cul-de-sacs (Turnarounds) 100 feet
   4. Alleys 20 feet
   5. Private Streets 50 feet
2. Pavement Widths. (With Curb and Gutter) Pavement widths back to back of curb shall be not less than the following:
   1. Major Arterials 44 feet
   2. Collector Streets 34 feet
   3. Local or Minor (Residential Streets) 26 feet
   4. Marginal Access Streets 26 feet
   5. Cul-de-sacs (Turnarounds) 80 feet
   6. Alley 20 feet
   7. Private 26 feet
3. Pavement Widths. (Without Curb and Gutter) Pavement widths shall be not less than the following:
   1. Major Arterials 44 feet
   2. Collector Streets 26 feet
   3. Local or Minor (Residential Streets) 24 feet; (Serving 10 lots of less) 22 feet
   4. Marginal Access Streets 24 feet
   5. Cul-de-sacs (Turnarounds) 80 feet; (T turnarounds allowed if serving 10 lots or less) Same as required street width
   6. Alley 20 feet
   7. Private 22 fee
4. Grades. Street grades shall be as follows:
   1. Street grades shall be not more than twelve percent (12%) nor less than one-half of one percent.
   2. Grades approaching intersections shall not exceed five percent (5%) for a distance of not less than one hundred (100) feet from the centerline of said intersection.

5. Horizontal Curves. Where a centerline deflection angle of more than ten (10) degrees occurs, a circular curve shall be introduced, having a centerline radius of not less than the following:
   1. Major Arterials 300 feet
   2. Major Collector Streets 200 feet
   3. Local or Minor 100 feet
   4. Vertical Curves. All vertical curves shall have such length as necessary to provide safe sight distance.
   5. Tangents. A tangent of not less than one hundred (100) feet in length shall be provided between curves.
   6. Intersections. Streets shall be laid out as follows:
      1. Streets shall intersect as nearly as possible at right angles and no street shall intersect at less than seventy-five (75o ) degrees.
      2. Street jogs with centerline offsets of less than one hundred twenty-five (125) feet shall be avoided.
      3. Intersections with a major street or highway shall be at least eight hundred (800) feet apart. This requirement may be waived by the Planning Board if such requirement would prevent a property owner fronting on a major street or thoroughfare from having access to such a major street or highway.
      4. The dedication of half streets at the perimeter of a new subdivision is prohibited. If circumstances render this impractical, adequate provision for the concurrent dedication of the remaining half of the street must be furnished by the subdivider. Where there exists a half street in an adjoining subdivision, the remaining half shall be provided by the proposed development.
      5. Alleys. All alleys shall be constructed in accordance with Town specifications and standards and shall meet the following requirements:
         1. Right-of-way width 20 feet
         2. Minimum centerline radius when a deflection angle of more than 10 (10) degrees occurs 35 feet
         3. Property line radius at alley intersections 15 feet

   9-2051.02. Blocks
   The maximum and minimum length and width of blocks shall be as follows:

   1. Length. Block lengths shall not exceed sixteen hundred (1600) feet nor be less than four hundred (400) feet. Where deemed necessary by the Planning Board, a pedestrian crosswalk of at least ten (10) feet easement in width may be required.
   2. Widths. Blocks shall be wide enough to allow two tiers of lots of minimum depth, except where fronting on major streets or prevented by topographic conditions, in which case a single tier of lots may be approved.

   
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SECTION 9-2052. LOT DESIGNS

9-2052.01. Lots
The size, shape, and orientation of lots shall reflect due consideration for topography and drainage. Lots shall conform to the requirements of this Ordinance and, in addition, shall conform to the following provisions.

9-5052.02. Arrangement
All lots shall front upon a public or private street. Every lot must front for at least thirty-five (35) feet on a public or private street, unless it is described in Section 9-2050.07. Insofar as practical, side lot lines shall be at right angles to straight lines or radial to curbed street lines.

9-5052.03. Lake Frontage Lots
Lake frontage lots shall have a minimum width of one hundred (100) feet at the front building line. All other lots within four hundred and sixty (460) feet of the official pond level of the lakes within Burke County shall have a minimum width of one hundred (100) feet at the front building line.

9-5052.04. Area
All lots shall have an area that complies with the requirements of the zoning district in which the lot is located.

9-5052.05. Width
All lots shall have a minimum width that complies with the requirements of the zoning district in which the lot is located.

9-5052.06. Depth
All lots shall have a minimum mean depth that complies with the requirements of the zoning district in which the lot is located.

9-5052.07. Orientation of Lot Lines
Side lot lines shall be substantially at right angles or radial to street lines.

9-5-52.08. Building Setback Lines
Building Setback Lines shall comply with the requirements of the zoning district in which the lot is located.

9-2052.09. Easements
Utility and other easements shall be provided as follows:

1. Utility and drainage easements centered on rear or side lot lines shall be provided where necessary and shall be at least ten (10) feet in width. A greater width may be required for the installation and maintenance of the facility.
2. Crosswalk easements of ten (10) feet in width shall be provided when such area is required by the Planning Board.
3. Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purposes. Parallel streets or parkways may be required in connection therewith.

9-2052.10. Buffer Strips
Buffer Strips shall be in accordance with the zoning ordinance.

9-2052.11. Storm Water Drainage

1. The subdivision must meet the latest adopted requirements specified by the state sediment and erosion control program, watershed protection ordinance, national flood insurance program, and US Corp of Engineers regulations.
2. Where curbs and gutters are constructed, they shall be in accordance with the standards of the North Carolina Department of Transportation's "Guidelines for Curb Cuts and Ramps for Handicapped Persons."
3. No surface water shall be channeled or directed into a sanitary sewer.
4. Where feasible, the subdivider shall connect to an existing storm drainage system or stream.
5. Where an existing storm drainage system cannot feasibly be extended to the subdivision, a surface drainage system shall be designed to protect the proposed development from water damage.
6. Surface drainage courses shall have side slopes of at least three (3) feet or horizontal distance for each one (1) foot of vertical distance, and courses shall be of sufficient size to accommodate the drainage area without flooding. 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.
7. Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purposes. Parallel streets or parkways may be required in connection therewith.
8. Where storm sewers, drains and structures are installed, they shall be of a size and type and location as required by the Town of Valdese Public Works Department. The minimum size of storm drains shall be fifteen (15) inches in diameter. The design frequency for storm sewer collectors shall be at a ten (10) year flood level with cross street frequency at a twenty-five (25) year storm level. Storm drains carrying water from street right-of-way shall be placed along lot lines where feasible and shall extend for a distance of thirty-five (35) feet minimum back of the building line. All off-street storm drains or extensions shall be installed initially by the subdivider or the responsibilities thereafter shall be transferred to the purchaser through the instrument of property transfer, which responsibility shall be clearly indicated on the final plat.
9. Cross pipes under streets shall be constructed of N.C. Department of Transportation approved plastic, reinforced concrete, or asphalt coated corrugated metal.
10. Culverts shall be provided to accommodate all natural water flow and shall be sufficient length to permit full width roadway and the required slopes. The size openings to be provided shall be determined by the Department of Public Works, but in no case shall be built less than fifteen (15) inches. Cross drains shall be built on straight line and grade shall be laid on a firm base, but not on rock. Pipes shall be laid with the spigot pointing in the direction of the flow and with the end filled and matched to provide tight joints and a smooth uniform invert. They shall be placed at a sufficient depth below the road bed to avoid dangerous pressure of impact, and in no case shall the top of the pipe be less than one foot (1') below the road bed and shall be constructed of N.C. Department of Transportation approved plastic, reinforced concrete, or asphalt coated corrugated metal.

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SECTION 9-2053. CLUSTER DEVELOPMENT AND THE CREATION OF PERMANENT OPEN SPACE THROUGH A PLANNED UNIT DEVELOPMENT

The purpose of providing for the clustering of development and the resultant open space is to offer recreation at or near each home, to improve the appearance of the area through preservation of green space, to counter the undesirable effects of urban congestion and monotony, and to encourage group participation in community activities by all ages on a local "block" or neighborhood basis. This assists in building community and personal stability and security. Local parks, recreation areas, and other spaces in a planned neighborhood pattern are intended to conserve areas of natural beauty, encourage cooperative relationships between neighbors, and help promote the public health, safety, and general welfare.

The purpose of this Section is to provide an alternative subdivision procedure for single family use; or, governed by the minimum lot size requirements of this Subdivision Ordinance (see Section 9-2052). This is to be accomplished by permitting the density of dwelling units contemplated by the minimum lot size requirements to be maintained on an overall basis when applied to specific tracts of land, and thereby provide for desirable and proper open space. Cluster subdivisions shall follow requirements for planned unit developments in the Valdese Zoning Ordinance.

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SECTION 9-2054. HILLSIDE SUBDIVISIONS

"Hillside Subdivisions" shall comply with the following standards:

9-2054.01. Street Design

9-2054.01.01. Widths. The public or private street shall have a right-of-way of not less than fifty (50) feet except that a right-of-way of forty (40) feet will be permitted if a reduced width is essentially unavoidable and is approved by the Planning Board.

9-2054.01.02. Cul-de-sacs. The required turnaround on a dead-end private street in a hillside subdivision shall have a roadway diameter of not less than fifty (50) feet and a right-of-way diameter of not less than sixty (60) feet. If the street length does not exceed three hundred (300) feet and if construction difficulties will not permit a turnaround, the use of a "Y" or "T" or other turning space of a design such as will allow a vehicle with a wheel base of at least twenty (20) feet to complete a turning movement with a maximum of one backing movement, may be permitted if approved by the Planning Board.

9-2054.01.03. Grading. Grading will not be required for the full right-of-way in hillside subdivisions if the Planning Board determines that full grading will prevent convenient access to adjoining property or will destroy the natural beauty of the site by excessive cut and fill, however, where slope extends beyond right-of-way add slope easement where needed. Easement to extend ten (10) feet beyond top of cut where cut exceeds fifteen (15) feet.

9-2054.01.04. Street Grades. In hillside land subdivisions, maximum private street grades permitted shall be fifteen percent (15%) unless the Planning Board determines that a steeper grade is essentially unavoidable and would not create excessive danger.

9-2054.02. Street Improvements for Hillside Subdivisions

9-2054.02.01. Pavement Widths Where Required. Pavement widths shall not be less than twenty-two (22) feet except for designated interior streets or where the average cross slope is sixteen percent (16%) or greater, pavement widths may be reduced with Planning Board approval as follows:

1. Where the average cross slope is between sixteen percent (16%) and forty percent (40%), minimum pavement width may be reduced to eighteen (18) feet.
2. Where the average cross slope is greater than forty percent (40%), approval of the district engineer of the State of Highway Commission shall be secured prior to any road construction. Evidence of such approval shall be shown on the preliminary plat.
3. Where pavement width is reduced, on-street parking shall not be permitted.

9-2054.03. Hillside Lots

9-2054.03.01. General Requirements. Where the requirements stated in this Article of the Subdivision Ordinance are in contradiction with other Articles or with the Zoning Ordinance, the more stringent requirements shall apply.

9-2054.03.02. Sixteen - Twenty-Five Percent Cross Slope. When the average cross slope is between sixteen and twenty-five percent (16-25%), design requirements for lots shall be in accordance with the zoning designation for the property.

9-2054.03.03. Twenty-Six - Forty Percent Cross Slope. When the average cross slope is between twenty-six and forty percent (26-40%), design requirements for lots shall be in accordance with the zoning designation for the property.

9-2054.03.04. Cross Slope Greater Than Forty Percent When the average cross slope is greater than forty percent (40%), design requirements for lots shall be in accordance with the zoning designation for the property.

9-2054.03.05. Residential Building Setback Lines. Within the Town of Valdese the residential building setback lines for hillside subdivisions shall conform to the requirements of the Zoning Ordinance.

THIS ORDINANCE SHALL TAKE EFFECT UPON ITS ADOPTION.

These Amendments to the Subdivision Ordinance were adopted this the 1st day of February, 1999.

TOWN OF VALDESE

BY: Jimmy Draughn, Mayor
ATTEST: Harold D. Passmore, Town Clerk