§ 7.3. Requirements for Subdivisions

7.3.1

Required Residential Minimum Lot Size Related to Water Supply and Wastewater Disposal System To Be Made Available and Utilized.

A.

Any residential lot(s) proposed to be developed under the provisions of this Ordinance shall conform to the minimum lot size and other related dimensional requirements for the type of water supply and wastewater disposal systems available and proposed to be utilized as set forth in Section 6.1.1 (Dimensional Requirements), except as otherwise provided for in these regulations.

B.

Any unimproved or improved residential lot(s) of record existing at the time of adoption of the R (Residential) Zoning District regulations shall not be considered nonconforming as to lot size because of noncompliance with water supply and wastewater disposal system requirements but shall be required to conform with all other dimensional requirements, including Section 6.1.1, of these regulations and all applicable state and county laws, unless and until further subdivision of said unimproved or improved residential lot(s) of record is initiated by the owner.

7.3.2

General Requirements for Subdivisions.

A.

Conformity. All proposed subdivisions shall be planned so as to facilitate the most advantageous development of the entire neighboring area.

B.

Extension of Existing Streets. The proposed street system shall extend existing streets on their proper projection at the same width or, at the option of the subdivider, greater width than the minimum required by this Ordinance.

C.

Access to Unsubdivided Property. The proposed street system shall be designed to provide for desirable access to and not to impose undue hardship upon unsubdivided property adjoining the subdivision. Reserve strips adjoining street right-of-way for the purpose of preventing access to adjacent property shall not be permitted.

D.

Relation to Topography. In sloping terrain, streets shall parallel the contours of the land, in so far as practicable, to avoid steep grades and the concentration of storm surface runoff.

E.

Access to Parks, Schools, Etc. Streets shall be designed or walkway easements provided to assure convenient access to parks, playgrounds, schools and other places of public assembly. Walkway easements shall not be less than ten (10) feet in width.

F.

Connectivity Required. Streets shall interconnect within a development and with adjoining development(s). Cul-de-sacs are permitted only where topographic conditions and/or exterior lot line configurations offer no practical alternatives for connection or through traffic. Street stubs should be provided with development adjacent to open land to provide for future connections. Streets shall be planned with due regard to the designated corridors shown on the Thoroughfare Plan. The use of circuitous routes and/or traffic calming devices is required.

G.

Relation to Railroad Rights-of-Way. When a subdivision adjoins a railroad right-of-way, the subdivider may be required to arrange the street pattern to provide for future grade separation of street and railroad crossings.

H.

Half-Streets. Whenever an existing half-street is adjacent to a tract of land to be subdivided, the other half of the street shall be platted within such tract. New half-streets shall be prohibited except when essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and where it will be practicable to require the dedication of the other half when the adjoining property is subdivided.

I.

Access Streets, Etc. Where a tract of land to be subdivided adjoins an arterial street, the subdivider may be required to provide a marginal access street parallel to the arterial street or reverse frontage on an interior street for the lots to be developed adjacent to the arterial street. Where reverse frontage is established, deed restrictions or other means shall be provided to prevent private driveways from having direct access to the arterial street.

J.

School Sites. Where a tract of land that has been approved by the school board as a proposed school site lies wholly or partially within an area proposed to be subdivided, and provided the school board has notified the Board of Commissioners and Planning Board and the property owner of its approval of the school site prior to or within ten (10) days after the presentation of a Preliminary Subdivision Plan to the Board of Commissioners and Planning Board for approval, the subdivider shall reserve the proposed school site for a period of not more than sixty (60) days from the date of tentative approval of the Preliminary Subdivision Plan.

K.

Recreation Sites. When a tract of land that has been approved by the Board of Commissioners as a site for a recreation facility lies wholly or partially within an area proposed to be subdivided, and provided the Board of Commissioners has notified the Planning Board and the property owner of its approval of the recreation site prior to or within ten (10) days after the presentation of the preliminary subdivision plan for Planning Board approval, the subdivider shall reserve the proposed recreation site for a period of not more than thirty (30) days from the date of tentative approval of the preliminary subdivision plan.

L.

Street Names. Proposed street names shall not duplicate nor too closely approximate phonetically the name of any street within Mecklenburg County. Where proposed streets are extensions of existing streets, the existing street names shall be used except where a new name can reasonably be used to facilitate the proper house numbering or to avoid further street name duplication.

M.

Easements. Easements to the width and in the locations required by the Mecklenburg County Engineer, but in any case not less than ten (10) feet wide, shall be provided for open or piped storm drainage, sanitary sewers, water lines and other utilities.

N.

Proposed Sewerage System. The Preliminary Subdivision Plan must be accompanied by satisfactory evidence as to the proposed method and system of sanitary sewage collection and disposal.

Where the system is to be connected to a sanitary sewage system owned and operated by Mecklenburg County or any municipality therein, but not constructed by the county or municipality, the preliminary subdivision plan shall be accompanied by a complete set of construction plans for the proposed system, prepared by a registered engineer, and approved by the appropriate official of the county or municipality owning and operating the system.

Where the proposed system of sewage disposal does not contemplate the use of facilities owned and operated by Mecklenburg County or any municipality therein, the proposed facilities for the disposal of sanitary wastes shall be approved by the health department, prior to the tentative approval of the Preliminary Subdivision Plat. The health department shall certify that the subdivision will be serviced by approved facilities for the disposal of sanitary wastes prior to the tentative approval of the Subdivision Plat.

O.

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. Lots shall be construed to be subject to flooding when a flood crest recurring with a probable frequency of one time in one hundred (100) years (one percent annual chance) would inundate any part of a proposed lot.

If any part of a proposed residential lot is or may be subject to flooding, the prospective subdivider may make a determination of the crest elevation of a flood of one hundred (100) years probable frequency in accordance with generally accepted engineering practice. This determination must reflect the actual conditions imposed by the completed subdivision and must give due consideration to the effects of urbanization and obstructions.

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

No proposed residential building lot that is partially subject to flooding as defined herein shall be approved unless there is established on the lot plan a line representing an actual contour at an elevation two (2) feet above the 100-year flood. Such line shall be known and identified on the lot plan as the "building restriction flood line." All buildings or structures designed or intended for residential purposes shall be located on such a lot so that the lowest useable and functional part of the structure shall not be below the elevation of the building restriction flood line. "Useable and functional part of the structure" shall be defined as being inclusive of living areas, basements, crawl spaces, sunken dens, basement utility rooms, attached carports and mechanical appurtenances such as furnaces, air conditioners, water pumps, electrical conduits and wiring, but shall not include water lines or sanitary sewer traps, piping and cleanouts, provided openings serving the structure are above the building restriction flood line.

Where only a portion of a proposed residential building lot is subject to flooding as defined herein, such lot may be approved only if there will be available for building a useable lot area of not less than one thousand two hundred (1,200) square feet. The useable lot area shall be determined by deducting from the total lot area the area of the setback required by this Ordinance plus all additional yards and setbacks required by any applicable zoning district regulations, plus any remaining area of the lot lying below the building restriction flood line.

During the construction, preparation, arrangement and installation of subdivision improvements and facilities in subdivisions located at or along a stream bed, the developer shall maintain the stream bed of each stream, creek or backwash channel contiguous to the subdivision in an unobstructed state and shall remove from the channel and banks of the stream all debris, logs, timber, junk and other accumulations of a nature that would, in time of flood, clog or dam the passage of water in their downstream course; installation of appropriately sized stormwater drains, culverts or bridges shall not be construed as obstructions in the stream.

P.

Utilities. Underground utilities are required for all new residential developments.

Q.

Open Spaces. All subdivisions shall comply with the requirements of Article 6, Section 6.4, Section 6.4.1 (Undisturbed Open Space and Tree Plant Requirements).

R.

Street Trees. Street trees shall be planted every fifty (50) feet. These trees must be staggered on both sides of every street, be a minimum of eight (8) feet in height and two and one-half (2½) inches in caliper measured at a height of six (6) inches above the ground at time of planting and appear on the approved list of trees. In the event overhead power lines are present, trees shall be planted in accordance with the "Overhead Power Line Tree Planting Guide Checklist" supplemental to the City of Charlotte's Tree Ordinance.

7.3.3

Special Requirements for Conservation Subdivisions.

A.

Purpose and Intent. These conservation provisions provide voluntary alternatives to standard residential development practices. These land development techniques involve placing clusters of home sites on smaller lots than those permitted under conventional development regulations to preserve environmentally sensitive areas and to create permanent open space.

Conservation provisions provide flexible development options to:

1.

Protect environmentally sensitive areas;

2

Allow for common or public open areas within a development project;

3.

Support reductions in development costs, reducing the amount of grading and infrastructure needed; and

4.

Reduce the amount of impervious area for improved stormwater runoff.

B.

Standards.

1.

Minimum Size of Tract; Public Water and Sewer; Environmentally Sensitive Areas. Conservation developments may be established in any R District if: the tract is greater than twenty (20) acres; is served by public water and sewer; and, contains a minimum of fifteen (15) percent environmentally sensitive areas (as defined in Subsection 7.3.3(F)) compared to the total (gross) acreage of the project.

2.

Detached Single-Family Housing Only. Only detached single-family dwelling units are allowed.

3.

House Size. The minimum house size shall be one thousand six hundred (1,600) square feet of heated living space for a single-story house and one thousand eight hundred (1,800) square feet of heated living space for a two-story house.

4.

Exterior Materials. Exterior materials shall be brick, stone, stucco, or cementitious fiber board or shakes. At least fifty (50) percent of homes shall have brick and/or stone on all four sides of the home. With the exception of approved accent materials on the architectural elements such as gables and dormers, mortarless brick is prohibited.

5.

Garages. All houses shall have a standard attached two-car garage. No more than fifty (50) percent of the lots shall have garages located closer to the public street than the house itself.

6.

Driveways. All driveways shall be paved with concrete from the street and should only be wide enough to accommodate two (2) cars parked side by side. Each lot shall have a driveway and each driveway shall accommodate four (4) cars. Garages count for required parking.

7.

Slab Foundation. Any house built on a slab foundation shall have a brick or stone veneer skirt on the exposed exterior of the foundation.

8.

Chimneys. All exposed chimneys shall have a brick or stone veneer.

9.

Roofs. Roof pitch shall be a minimum of 6/12. If fiber glass shingles are used, they must be "architectural shingles. Three-tab shingles are prohibited. No monopitch roof shall be less than 3/12.

10.

Mailboxes. Uniform mailboxes and posts shall be provided throughout the development at each residence.

11.

Yard Trees. The front yard of each lot must contain at least two (2) trees suitable for healthy growth in the local climate, each with a minimum caliper of two and one-half (2½) inches measured at a height of six (6) inches above the ground and a minimum height of eight (8) feet at the time of planting.

12.

Buffer Requirements. Except as provided below, a twenty-five-foot buffer shall be required along all peripheral boundaries of a conservation development. This buffer shall be a natural, undisturbed wooded area. If existing natural, undisturbed wooded area does not exist, a planted buffer will be required as follows:

Large Maturing Canopy Trees	Small Maturing Understory Trees	Shrubs
6 per 100 linear feet	3 per 100 linear feet	22 per 100 linear feet
2.5" caliper; 8' height at planting	2" caliper; 5' height at planting	36" height at planting
50% evergreen	50% evergreen	50% evergreen

 

Such a buffer is not required if the perimeter lots meet the standards in Subsection 7.3.3(C)(2) herein.

13.

Accessory Structures. Accessory structures and uses are permitted in accordance with Section 6.9.7 (Accessory Uses and Structures); except notwithstanding any other provision of this Ordinance any detached accessory structure(s) must be located within the established rear yard.

14.

Recreational Vehicles. Notwithstanding any other provision of this Ordinance, any recreational vehicle(s) must be located within the established rear yard or within an enclosed building structure.

15.

Stormwater Management. The subdivision design should conform to the existing site topography to minimize clearing, grading and associated run-off. Stormwater management should utilize the natural drainage patterns.

16.

Pedestrian Lighting. Decorative pedestrian lights shall be provided throughout the neighborhood (any decorative upcharge shall be paid in advance by the developer of the property).

C.

Dimensional Requirements.

1.

Interior Lots. Interior lots in conservation developments shall meet the following standards:

Lot Size (minimum): Twelve thousand five hundred (12,500) square feet.

Lot Width at Setback (minimum): Eighty (80) feet.

Front Setback (minimum): Thirty (30) feet.

Side Setback (minimum): Eight (8) feet.

Side Street Setback (minimum): Twelve (12) feet.

Rear Setback (minimum): Thirty (30) feet.

Building Height (maximum): Thirty-five (35) feet.

2.

Perimeter Lots. Perimeter lots (those along the property boundaries) shall be in accordance with the standards for interior lots if a twenty-five-foot buffer in accordance with Subsection 7.3.3(B)(12) herein is provided. If no such buffer is provided, then perimeter lots shall meet the following standards:

Lot Size (minimum): Twenty thousand 920,000) square feet.

Lot Width at Setback (minimum): One hundred (100) feet.

Front Setback (minimum): Thirty (30) feet.

Side Setback (minimum): Fifteen (15) feet.

Corner Lot Setback (minimum): Twenty (20) feet.

Rear Setback (minimum): Forty (40) feet.

Building Height (maximum): Thirty-five (35) feet.

3.

Except where perimeter lots abut existing single-family lots smaller than twenty thousand (20,000) square feet the following dimensional requirements shall apply:

Lot Size (minimum): Twenty thousand (20,000) square feet.

Lot Width at Setback (minimum): Eighty (80) feet.

Front Setback (minimum): Thirty (30) feet.

Side Setback (minimum): Ten (10) feet.

Corner Lot Setback (minimum): Twelve (12) feet.

Rear Setback (minimum): Thirty-five (35) feet.

Building Height (maximum): Thirty-five (35) feet.

D.

Streets and Sidewalks.

1.

Streets shall be laid out to minimize i) crossing environmentally sensitive areas and ii) the length of new streets. Cul-de-sacs shall be avoided except where needed to protect environmentally sensitive areas.

2.

Streets and sidewalks shall be constructed in accordance with the cross-sections provided in this Ordinance as "Mint Hill Local Residential Street for Conservation Development."

3.

Street trees shall be planted every fifty (50) feet. These trees must be staggered on both sides of every street, be a minimum of eight (8) feet in height and two and one-half (2½) inches in caliper measured at a height of six (6) inches above the ground at time of planting, and on the approved list of trees listed in Subsection 7.3.3(E) herein. In the event overhead power lines are present, trees shall be planted in accordance with the "Overhead Power Line Tree Planting Guide Checklist" supplemental to the City of Charlotte's Tree Ordinance.

4.

Street lights installed by the developer shall be decorative. The decorative upcharge shall be paid in advance by the developer.

5.

Decorative street signs and stop signs approved by Staff shall be erected by the developer within the conservation development. Replacement of such sign(s) shall be of similar design and equal or exceed the existing sign(s).

E.

Trees. Whenever this Section 7.3.3 requires trees to be planted, the developer and the Planning Department shall agree to a planting plan for the trees in advance that complies with these requirements. A list of approved trees are on file in the Planning Department.

F.

Standards for Open Space Preservations.

1.

At least twenty-five (25) percent of the total acreage of the proposed conservation development shall be dedicated as either common open space or public open space. Land located within a floodway cannot be used as part of the required open space. Floodway fringe may be used to provide not more than fifty (50) percent of the required open space and cannot be used as part of the required active open space. Steep slopes may be used to provide not more than twenty-five (25) percent of the required open space. Utility easements can be located within the common open space areas; however, only those easements twenty (20) feet wide or greater may be counted as part of the required twenty (20) percent. Wetlands, S.W.I.M. buffers (outside floodway and fringe), Freeway/Expressway buffers and large mature stands of trees may be counted as one hundred (100) percent of open space. Fifty (50) percent of the required perimeter buffer may be used towards the open space requirement. Where possible, the common open space shall be centrally located within the development, rather than located on the periphery. Open space shall also be located to: (1) provide common green space in the development for aesthetic and pedestrian use; and (2) Adequately serve the needs of residents by its character amount and arrangement.

2.

Walking trails/biking trails shall be required; however, no more than ten (10) percent of the total amount of Common Open Space and Public Open Space shall be Improved Open Space.

3.

Open space shall be located to:

a.

Preserve the environmentally sensitive areas;

b.

Provide common green space in the development for aesthetic and pedestrian use;

c.

Adequately serve the needs of residents by its character, amount and arrangement; and

d.

Be centrally located within the development, rather than located on the periphery to the extent reasonably feasible to do so.

4.

Any areas designated as common open space or public open space shall have a minimum width of twenty (20) feet.

7.3.4

Conformity to the Transportation Plan. Whenever a tract of land included within any proposed subdivision includes any part of a street or proposed street as depicted on the most currently adopted version of the local Thoroughfare Plan or Comprehensive Transportation Plan, the subdivider shall:

A.

Plat the part of such proposed public way in the location and to the width indicated on the Thoroughfare Plan, if such street is part of the network of streets within or providing access to the proposed subdivision; or

B.

Reserve the part of such public way for street purposes and establish appropriate building setback lines therefore if such street is not part of the network of streets within or providing access to the proposed subdivision.

7.3.5

Storm Sewage and Surface Water Drainage.

A.

No surface water drainage shall empty into any sanitary sewer line.

B.

If a public storm drainage system is reasonably accessible to the subdivision either by being within or by adjoining its boundaries, the subdivider shall connect with such storm drainage system and shall do all grading and ditching and shall provide and install all piping, appurtenances and drainage structures deemed necessary by the County or NCDOT to properly carry the water to the storm drainage system.

C.

If a storm drainage system is not reasonably accessible to the subdivision (as set forth in Subsection 7.3.5(B)), the subdivider shall do all grading and ditching, provide and install all piping, appurtenances and structures that are necessary to properly carry the surface water to locations within the boundaries of the subdivision which are acceptable to the County or NCDOT.

D.

The size, location, design of structures, mode of installation and type of materials for all construction of storm sewers shall be as approved by LUESA or NCDOT. All storm drainage system pipes bearing vehicular loading shall be reinforced concrete pipe (ASTM C-76, latest amendment) or equivalent. All storm drainage construction shall be in accordance with the NCDOT standards and may be inspected during construction by Mecklenburg County or NCDOT.

E.

The subdivider shall provide a general drainage and utility easement for each and every underground pipe or open ditch drain when located in other than a public way and such easement shall be of a width satisfactory to the County or NCDOT.

F.

Where new drainage ways are required, they shall be coordinated with existing and proposed general drainage systems and designed with due regard for safety, appearance and geological effects.

G.

Drainage ways shall be located and constructed to maintain a natural appearance, shall be limited to safe water depths in easily accessible areas and shall be designed to avoid excessive rates of flow, erosion or overflow into developed areas subject to damage.

H.

In circumstances where there is to be a drainage way between two (2) lot lines or crossing a lot(s), the drainage way will be piped to the rear lot line or to a point as approved by the County.

7.3.6

Survey Monuments.

A.

Control Corner. In accordance with G.S. Chapter 39, Article 5A, whenever a subdivider shall divide any parcel of real estate into lots and lay off streets, he shall cause at least two (2) or more corners of the development to be designated as a control corner and place at such control corner a permanent marker. The permanent marker shall be as prescribed in the G.S. 47-30 Mapping Requirements, as amended; Standards of Practice for Land Surveying in North Carolina, amended effective February 1, 1996, or latest amendment, published by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors, G.S. Chapter 89C, as amended, and the requirements of the Mecklenburg County Register of Deeds (or the Union County Register of Deeds as applicable) shall apply to all surveys and maps.

B.

Lot Corners. All lot corners shall be accurately established and shall be marked with a permanent or semi-permanent marker provided by the subdivider, such as concrete monuments or iron or steel pins or pipes of an appropriate length and driven in so as to project approximately two (2) inches above the ground. Front corner irons of lots should be placed after the streets are graded, so that sidewalk areas may be graded to the proper elevation without destroying the lot corners.

7.3.7

Subdivision Monuments.

A.

Subdivision monuments may be located within residential districts, subject to review and approval by the Planning Board of submitted plans and elevations. Applicants shall submit plans and elevations as part of the preliminary subdivision plat application package. The Planning Board shall consider the following factors when considering a subdivision monument for approval:

1.

The proposed monument shall not be visually overbearing or aesthetically incompatible with surrounding development or character;

2.

The proposed monument shall be complementary in size, scale and materials to adjacent signage and monuments; and

3.

The proposed monument shall not impede the safe movement of vehicular and pedestrian traffic in the vicinity.

B.

Monuments may be ornate, but in no case shall the monument(s) contain signage, logos or text except as permitted by permit and in accordance with Section 6.5.2 (Signs Requiring a Permit).

C.

Subdivision monuments shall not exceed eighteen (18) feet in height; however, such height represents the maximum allowable height and the Planning Board has the authority to require a height less than eighteen (18) feet based on the considerations and findings in Subsection 7.3.7(A) herein.

D.

Subdivision monuments shall comply with all provisions of this Ordinance, including specifically the provisions of Section 6.9.5 (Visibility at Intersections).

E.

Subdivision monuments may not be located within the public right-of-way of any street or proposed future right-of-way.

F.

Medians containing monuments or structures shall not be accepted as a right-of-way and must be dedicated as common area.

G.

Subdivision monuments shall be permitted only where an association of homeowners has been established with the legal and financial responsibility for maintenance of the monument.

H.

In the event a subdivision monument becomes a nuisance, either through lack of maintenance or other event as determined by the Administrator, or becomes a hazard to traffic, the Town may remove said monument at the expense of the property owner on whose property the monument is located, or at the expense of the association, or both.

(Ord. No. 598, 4-14-2011; Ord. No. 632, 3-14-2013)