Section 6.200 - General Guidelines and Requirements

The following statements provide general guidelines and requirements to be used in the design,  of any subdivision under the jurisdiction of this ordinance. Questions of interpretation of any of these provisions should be discussed with the Planning Director or Designated Administrative Agent at the earliest possible time in the development of a subdivision proposal. (See Section 4.000 for appeal process).

6.200-A GENERAL GUIDELINES

1. Conformity.

All proposed subdivisions should be planned so as to facilitate the most advantageous development of the entire neighboring area.  In areas with established and/or approved development, new subdivisions should be planned to protect and enhance the stability, environment, health, and character of neighboring areas.  The geometry of streets and intersections and the location of street connections should be assessed to minimize the detrimental effects of high volume, high speed neighborhood through traffic.  This assessment will consider the location of large-scale traffic generating uses as well as the adopted thoroughfare plan and other adopted plans. Proposed subdivisions should not endanger the public health and safety of the community, further, orientation of principal structures should avoid backing up to public streets because of lack of privacy and inappropriate relationship to the public realm. Use of single-loaded streets where development is only on one side of the street or providing large expanses of open space where principal structures are visually buffered from the road may be appropriate in circumstances where such structures should not front on the existing public street. 

2. Relation to topography.

In sloping terrain, streets should generally parallel the contours of the land insofar as practicable, to avoid steep grades and the concentration of surface storm water runoff. Variations are allowed to meet design objectives for the development and/or to calm vehicular speeds.

3. Relationship 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.

6.200-B GENERAL REQUIREMENTS

1. Consistency with adopted public plans and policies.  

All subdivision of land approved under these regulations must comply with the most recently adopted public plans and policies for the area in which it is located.  This includes general policy regarding development objectives for the area as well as specific policy or plans for public facilities such as streets, parks and open space, schools, and other similar facilities.  Plans and policies for the community are on file in the offices of the Town of Huntersville.

2. Access to parks, schools, etc.  

Streets and sidewalks shall be designed to access to parks, greenways, playgrounds, schools, and other places of public assembly.  Supplemental walkways not associated with streets may not be less than 10 feet in width and may be required to be large enough to provide vehicular access for maintenance vehicles.

3. 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.  

4. Access Between Adjoining Properties.  

The purposes and design standards for Town streets, as further described in Article 5 of the Huntersville Zoning Ordinance, shall be met. 

5. Reservation and Dedication of Public School and Public Park Sites.

The subdivider shall determine if the tract of land to be subdivided appears in any adopted plan or policy document as a future public school or public park (including public greenways, and open space) by contacting the appropriate agency.  The subdivider shall provide certification to the Planning Director or Designated Administrative Agent to indicate whether or not the area proposed to be subdivided includes any identified future public school or public park site.  If no certification is provided, the Planning Director or Designee shall make the determination by contacting the appropriate agencies.  If such site(s) are included in the area to be subdivided, the Planning Director or Designee will notify the appropriate agency of the proposed subdivision and its effect on the future public site.  The appropriate agency must decide within 30 days if it wishes to reserve the site for future acquisition.  If the site is not to be reserved, then the subdivision will be processed in the normal fashion.  If the agency does wish to reserve the site, then the subdivision will not be approved without such reservation. The appropriate agency will have 18 months for future school sites and 12 months for future public park sites from the date of final approval of the subdivision or site plan to acquire the site by purchase, receipt of a dedication, or by initiating condemnation proceedings. If, at the end of the applicable period, none of the actions listed above have commenced, the subdivider may consider the land free of any reservation.  The developer may also offer dedication of any public park that appears in any adopted plan or policy document as a future public park (including public greenways and open spaces).

Pursuant to N.C.G.S. § 160D-804(d), the Town, may accept payment of funds to be used to acquire or develop the open space and/or recreation areas which serve residents of more than one subdivision or development within the immediate area. All funds received pursuant to this subsection shall be used only for the acquisition or development of recreation, park, or open space sites. The formula to determine the amount of funds that are to be provided under this subsection shall be 300 percent of the pre-development property tax value of the subdivision site to be developed. A combination or partial payment of funds and partial dedication of land may be allowed when the Town Board determines that this combination is in the best interests of the citizens of the area to be served.

6. Community Service Facilities.  

When a tract of land that appears in any adopted plan or policy document as a future site for any community service facility, including but not limited to police and fire stations, libraries, public housing, and other public uses, falls within an area proposed to be subdivided, the Planning Director or Designated Administrative Agent will notify the appropriate agency of the proposed subdivision and its effect on the future community service facility site.  The appropriate agency must decide within 30 days if it wishes to reserve the site for future acquisition.  If the site is not to be reserved, then the subdivision will be processed in the normal fashion.  If the agency does wish to reserve the site, then the subdivision will not be approved without such reservation.  The subdivider may choose to dedicate the area to be reserved. 

7. Proposed Street Names.

Proposed street names shall be coordinated with Mecklenburg County staff, or other designee.

8. Easements.

Easements established to the width and in the locations required by the Consulting Engineer, Utility Department, or Town Engineering Department, shall be provided for open or piped storm drainage, sanitary sewers, water lines, and other utilities. This requirement applies to such lines installed at the time of the development of the subdivision, and to easements for such lines which may reasonably be expected to be installed in the future.

9. Proposed Water and Sewerage System.

At the sketch plan stage, the subdivision plan shall contain information as to the availability and method of providing potable water and a system of sanitary sewage collection and disposal. The preliminary subdivision plan must be accompanied by satisfactory evidence as to the proposed method of providing potable water and a system of sanitary sewage collection and disposal.

(a) Where, at the time of preliminary plan approval, these systems are to be a part of the public water and sanitary sewerage system owned and operated by the Charlotte-Mecklenburg Utility Department, the preliminary subdivision plan shall be accompanied by a complete set of construction plans for the proposed systems, prepared by a registered engineer, which shall be required to meet the standards established by said utility owner/operator for connection to the system upon completion and dedication.

(b) Where, at the time of preliminary plan approval, the proposed systems to serve more than one structure do not contemplate the use of facilities owned and operated by the Charlotte-Mecklenburg Utility Department, the proposed systems must be reviewed and approved by the agency or agencies with jurisdiction over the approval. This shall also include, but not be limited to, review and approval by Charlotte-Mecklenburg Utility Department to establish that construction plans meet public utility standards for adequacy and compatibility with the public system(s) in order to provide for the future orderly development of the town. Whether the proposed system serves one structure or more than one structure the developer must provide evidence prior to preliminary plan approval of the required discharge permit or a perk test for sewage disposal on each lot, whichever is applicable. Where lots are to be served by septic tank systems, the preliminary plan and the final plat shall clearly label any lots which do not perk and for which a building permit shall not be issued until alternate sewage disposal methods are available to such lots. Prior to final plat approval, evidence must be provided that both the sewage and water system designs have been approved for construction. Prior to the issuance of any certificate of occupancy for any structure, evidence must be provided that both the water and sewer systems have been approved and are operational for the structures in question.

10. Restrictions on the subdivision of land subject to flooding.

Lots that are subject to flooding shall comply with the provisions of Section 7.280.

11. Open Space.

Open space, where required, shall be consistent with the standards established in Article 7 of the Huntersville Zoning Ordinance.

12. Mature Trees and Vegetation

The purposes and development standards for landscaping, as further defined in Article 7 of the Zoning Ordinance, shall be met.

13. Through Traffic

Methods to prevent high-volume, high-speed traffic shall be employed using street geometry, intersection design, and other traffic calming measures.

14. Impact of Development on Public Facilities.

When reviewing subdivisions, the town shall consider the impacts the proposed development will have on public facilities, including traffic network infrastructure, in light of the requirements of Section 6.300(13) and Article 14 of the Town Zoning Ordinance, as applicable.  The developer shall demonstrate the proposed subdivision is in compliance with the Intersection Capacity Utilization Percentage Standards as set forth in Article 14.4 of the Zoning Ordinance, and where applicable, the developer may provide mitigation measures to satisfy the requirements of Article 14 of the Zoning Ordinance. Examples of mitigation measures include altering development layout and plans, providing improvements at nearby intersections to address impacts of that development (not existing deficiencies), and providing street connections to adjoining property for safe and efficient movement of traffic, as further provided in Section 6.300(13) and Article 14 of the Zoning Ordinance.

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