Subdivision Ordinances
ARTICLE I. INTRODUCTORY PROVISIONS

Section 101. Title
This ordinance shall be known and may be cited as the Subdivision Ordinance of the
Town of Holly Ridge, North Carolina, and may be referred to as the subdivision regulations.

Section  102. Purpose
The purpose of this ordinance is to establish procedures and standards for the
development and subdivision of land within the territorial jurisdiction of the Town of Holly Ridge It is further designed to provide for the
orderly growth and development of the county; for the dedication or reservation of rights-of-way or easements for street and utility
purposes; and for the distribution of populations and traffic in a manner that will avoid congestion and overcrowding and will create
conditions essential to public health, safety, and the general welfare. This ordinance is designed to further facilitate adequate
provision of water, sewage, parks, schools, and also to facilitate the further re-subdivision of large tracts into smaller parcels of land
where such subdivision is in the best interest of the public.

Section  103. Authority
This ordinance is hereby adopted under the authority and provisions of the General
Statutes of North Carolina, Chapter 160A, Article 19, Part 2.

Section  104. Jurisdiction
The regulations contained herein, as provided in G.S. 160A, Article 19, shall govern each
and every subdivision within Holly Ridge outside of the jurisdiction of any incorporated municipality.

Section 105. Official Plans and Public Facilities

105.1 Transportation Plans. Where a proposed subdivision includes any part of a
thoroughfare plan, collector street plan, or other official transportation plan, such part of
the planned public way shall be forever platted, reserved and dedicated to the town for all public uses to include access and utility by
the subdivide in the location and at the width planned.

105.2 School Sites. If the Board of Education has determined the specific location and size of any school sites to be reserved, the
Planning Board shall immediately notify the Board of Education whenever a sketch or preliminary plan for which a subdivision is
submitted which includes all or part of a school site to be reserved. If the Board of Education does not wish to reserve the site, it shall
so notify the Planning Board. If the Board of Education does wish to reserve the site, the subdivision shall not be approved without
such reservation. The Board of Education shall have eighteen months beginning on the date of final approval of the subdivision within
which to acquire the site by
1

purchase or by exercise of the power of eminent domain. Nothing in this ordinance shall preclude an owner or developer from
unilaterally platting, reserving, and dedicating property to the town for schools, parks, open space, drainage, or other public uses.
Where a proposed subdivision includes such unilateral dedication or reservation, it shall be forever platted, reserved, and dedicated
to the county for such public uses in the location, area, and size planned.

105.3 Zoning and other plans. The proposed subdivision must comply in all respects with the requirements of the Zoning Ordinance in
effect in the area to be subdivided, and any other officially adopted plans or ordinances including, but not limited to, the Land Use Plan
of Holly Ridge.

105.4 Oversized improvements. The Town of Holly Ridge  may require installation of certain oversize utilities or the extension of utilities
to adjacent property when it is in the interest of future development. If the town requires the installation of improvements in excess of
the standards required in this ordinance, including all standards adopted by reference, the town shall pay the cost differential between
the improvement required and standards in this ordinance. Nothing in this ordinance shall preclude the owner or developer from
unilaterally installing oversized utilities or the extension of utilities to adjacent property. In such case, the town shall not pay any costs
associated with the oversized utilities or extension of utilities.


ARTICLE II. LEGAL PROVISIONS

Section 201. Prerequisite to plat recordation

After the effective date of this ordinance, no subdivision plat of land within the town’s
jurisdiction shall be filed or recorded until it has been submitted to and approved by the Holly Ridge  Planning Board or Planning
Department as set forth herein and until such approval is entered in writing on the face of the plat by the Planning Department.
The Register of Deeds shall not file or record a plat of subdivision of land located within
the territorial jurisdiction of the county that has not been approved in accordance with these provisions, nor shall the Clerk of Superior
Court order or direct the recording of a plat if the recording would be in conflict with this section.

Section 202. Effect of plat approval on dedications

Pursuant to G.S. 160 A-375, the approval of a plat does not constitute or effect
automatic acceptance by the municipality or the public of the dedication of any street or other ground, public utility line, or other public
use or facility shown on the plat. Where property is dedicated to a public use on a plat, the county or other designated public entity
may unilaterally elect to accept the dedication at any time of its convenience and until such time of acceptance the property shall
remain undeveloped and reserved for such public use.

Section 203. Penalties for violation

203.1 After the effective date of this ordinance, any person whom being the
owner or agent of the owner of any land located within the territorial jurisdiction of this
ordinance, thereafter subdivides his land in violation of this ordinance or transfers or sells
land by reference to, exhibition of, or any other use of a plat showing a subdivision of
land before the plat has been properly approved under the terms pf this ordinance and
recorded in the Office of the Onslow County Register of Deeds, shall be guilty of a
misdemeanor. The description by metes and bounds in the instrument of transfer or other
documents used in the process of selling or transferring land shall not exempt the
transaction from this penalty. The town through its attorney or other officials designed
by the Town Council may enjoin illegal subdivision, transfer or sale of land by
action for injunction. Further, violators of this ordinance shall be subject, upon
conviction, to fine and/or imprisonment as provided by G.S. 14-4.

203.2 The violation of any provision of this ordinance shall subject the offender to a civil
penalty in the amount of one hundred ($250) dollars to be recovered by the town.
Violators shall be issued a written citation which must be paid within 10 days.

203.3 Each day’s continuing violation of this ordinance shall be a separate and distinct offense.

203.4 Notwithstanding subsection 204 above, this ordinance may be enforced
by appropriate equitable remedies issuing from a court of competent jurisdiction.

203.5 Nothing in this section shall be construed to limit the use of remedies
available to the town. The town may seek to enforce this ordinance by using any one,
all, or combination of remedies.

Section 204. Severability
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.

Section 205. Variances
The Town Council may authorize a variance from these regulations when, in its
opinion, undue hardship may result from strict compliance. In granting any variance, the Town Council shall take the into account the
nature of the proposed subdivision; the existing use of land in the vicinity; the zoning district in which the property resides, the number
of persons to reside or work in the proposed subdivision; the Holly Ridge Land Use Plan and other local, state, or federal land use
plans, and the effect of the proposed subdivision upon traffic conditions in the vicinity and make the following findings:

A. That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this
ordinance would deprive the
applicant of the reasonable use of land; and

B. That the variance is necessary for the preservation and enjoyment of a substantial
property right of the petitioner; and


C. That the circumstances giving rise to the need for the variance are peculiar to the
parcel and are not generally characteristic of other parcels in the jurisdiction of
this ordinance; and

D. That the granting of the variance will not be detrimental to the public health,
safety and welfare or injurious to other property in the territory in which said
property is situated.

E. Any other provisions regarding the granting of variances as found in the Town
Of  Holly Ridge.

Section 206. Planning Board Discretionary Authority

Unless otherwise prohibited by federal, state, local law or ordinance, the Planning Board
has discretionary authority upon written request of the sub divider to exceed size, length, or height requirements stated in this
Subdivision Ordinance by ten percent (10%). Requests for variances beyond this amount must be referred to the Town Council When
deciding whether to exercise its discretionary authority, the Planning Board should be guided by the principles stated in variance.

Section 207. Amendments

The Town Council may from time to time amend the terms of this ordinance.
An amendment may be proposed by or submitted to the Planning Board via the Subdivision Administrator for review and
recommendation by any person residing or owning property in Holly Ridge . The Subdivision Administrative shall have thirty (30) days
to review and forward the proposed amendment to the Planning Board. The Planning Board shall have sixty (60) days from the time
the proposed amendment is submitted to it from the Subdivision Administrator 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 recommended approval of the amendment to the Town
Council. No amendment shall be adopted by the Town Council until they have held a
public hearing on the amendment. Notice of the hearing shall be published in a newspaper of general circulation in the Holly Ridge
area at least once a week for two (2) consecutive weeks prior to the hearing. The initial notice shall appear not more than twenty-five
(25) days nor less than fifteen (15) days prior to the hearing date. In computing the fifteen-twenty-five day period, the date of the
publication is not to be counted, but the date of the hearing is shall be counted.

Section 208. 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 that have been previously adopted or
issued pursuant to law.

Section 209. Reenactment and repeal of existing subdivision ordinance

This ordinance in part carries forward by reenactment some of the provisions of the
subdivision ordinance of the Holly Ridge and it is not the intention to repeal but rather to reenact and continue in force such existing
provisions so that all rights and liabilities that have accrued there under are preserved and may be enforced. All provisions of the
subdivision ordinance, which are not reenacted herein are hereby repealed. All suits at law or in equity and/or all prosecutions
resulting from the violation of any subdivision ordinance heretofore in effect, which are now pending in any of the courts of this state or
of the Untied States, shall be prosecuted to their finality the same as if this ordinance had not been adopted; and any and all violations
of the existing ordinance, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted; and nothing in
this ordinance shall be so construed as to abandon, abate, or dismiss any litigation or prosecution now pending and/or which may
heretofore be instituted or prosecuted.

Section 210. Effective date

This ordinance shall take effect and be in force from and after_____________

Section 211. Adoption

Duly adopted by the Town Council of Holly Ridge , North Carolina,
this the __________day of ______________, 20__.

Section 212. Administrator

The holder of the Office of Planning Director and/or designee is hereby appointed to
serve as subdivision administrator.

Section 213. Construction of improvements

No construction or installation of improvements shall commence in a proposed subdivision until the preliminary plat has been
approved, and all plans and specifications have been approved by all appropriate utilities/agencies. The sub divider, prior to
commencing any work within the subdivision, shall make arrangements with the administrator of this ordinance to provide for adequate
inspection. The approving authorities having jurisdiction or their representatives shall inspect and approve all completed work prior to
release of sureties.

Section 214. Building permits

No building, zoning, or other permit shall be issued for erection of a structure on any lot
not of record at the time of adoption of this ordinance until the final plat is recorded. However, the existing parent parcel will be
permitted to receive one building permit.

Section 215. Deed Information

The Planning Board may require that provisions for the maintenance of roads, drainage
systems, easements, dedications for public use, off-site drain fields or wastewater systems, or other special conditions pertaining to all
or part of a subdivision be made a part of the deed, other legal form of conveyance, and/or restrictive covenants for a lot or a group of
lots. Where required, the submittal of suitable restrictive covenants, bonding, or other appropriate documentation shall be a condition
precedent to approval of the subdivision.

Section 216. Review by Town Council

If final plat approval is denied by the Planning Board, the applicant may appeal such decision to the Town Council within thirty (30)
days of the Planning Board decision.

ARTICLE III. DEFINITIONS

Section 301. Subdivision defined

For the purpose of this ordinance, “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. The
following exemptions shall not be included within this definition nor be subject to any regulations enacted pursuant to this ordinance,
however, all lots created under these exemptions must meet the wastewater, area, and setback standards of this ordinance and the
town zoning ordinance:

A. The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not
increased and the resulting lots are equal to or exceed the standards of this ordinance and the town zoning
ordinance;

B. The division of land into parcels greater than 5 acres.

C. The public acquisition by purchase of strips of land for the widening or opening
of streets or other public purposes;

D. 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 access is either available by an
adjacent public street or by a recorded access and utility easement and where the resultant lots are equal to or exceed the standards
of this ordinance and the town zoning ordinance; and

E. Family Division. The following is a list of requirements/statements that must be submitted with an exempt plat for a subdivision of
property for family purposes:

1. A plat listing the names of the family members and identifying which lots are to be conveyed to each with a statement that “the lot(s)
shown are created for the purpose of family ownership”.

2. Where lots are not adjacent in a public street, a note on the plat stating that the lot is benefited by a permanent easement for
access and utilities.

3. The following note shall appear on the plat: “No additional lots, including the re subdivision of the lots served by the access
easement and utility, shall be permitted unless the access and utility easement is upgraded to meet or exceed the standards of the
Holly Ridge Subdivision Ordinance.”

4. A note stating that the property owners are responsible for the upkeep and maintenance of the access and utility easement shall be
placed on the plat;and

5. A septic permit or letter of sewer availability shall be required for each lot to be created or a statement shall be placed on the plat
that the property is being conveyed as forestland or farmland.

Numbers 2, 3, and 4 only apply only when the lot(s) created do not have direct access to a public street. Any map of an exemption
shall be presented to the Planning Department for sign-off prior to recordation. If the Planning Department determines that the intent
to make use of any of these exemptions is to circumvent the provisions of the Subdivision Ordinance, then the use of this exemption
may be denied. The applicant may then appeal to the Planning Board for decision.

Section 302. Types of Subdivisions

A. Major Subdivision – A subdivision which does not qualify as a minor, rural or utility subdivision.

B. Minor Subdivision – A minor subdivision is a division of 10 or fewer lots, including the residual parcel where each lot will have street
frontage along an existing public or private street, where no new street improvements and/or right-of-way dedication is required, and
where no water and/or sewer utility extensions are required. The minor subdivision may not be used by an owner, developer,
subsequent purchaser, or successor-in-interest a second time within two years on any property less than 1,500 feet from the original
property boundaries or the boundaries of an approved minor subdivision created within the original property.

C. Rural Subdivision – A subdivision where ten (10) or fewer lots result with each lot at least one (1) acre in size. The Rural
Subdivision may be used only once for any parent parcel or unit of ownership as of the effective date of this ordinance.

D. Utility Subdivision – A subdivision of land where the resultant lot(s) are designated for specially identified utility purposes to include,
but not limited to, well sites, communication towers, and substations.

Section 303. Other definitions

Buffer strip: A strip of land which by width or vegetation or fencing or a combination there of protects adjoining properties from
incompatible views, noises, fumes, lighting and other disturbances. All buffers shall be constructed in accordance with guidelines
provided herein as well as in the Zoning Ordinance, as appropriate.

Building setback line(s): Lines parallel to the property lines between which no structure may be built or placed.

Common Open Space: A parcel of land, an area of water, or a combination of land and water, within a development designed and
intended primarily for the use and enjoyment of owners within said development. Areas included in driveways and other parking areas
shall not be considered a part of the open space.

Corner lot: A lot located at the intersection of two (2) or more streets.

Cul-de-sac: A dead-end street designed with a turnaround. For the purposes of this ordinance, the length shall be measured from the
centerline of the turnaround to the centerline of the nearest intersection.

Dedication: A proposed unilateral and perpetual offer of a gift by the owner to the town or other public entity of property or easement
for a specified purpose or purposes. Because a transfer of property rights is entailed, dedications must be made by written instrument
or clear notation on a subdivision plat. For purposes of all subdivisions approved under this ordinance, where property is dedicated to
a public use on a plat, the town or other designated public entity may unilaterally elect to accept the dedication at any time of its
convenience and until such time of acceptance the property shall remain undeveloped and reserved for such public use. Dedications
are complete upon acceptance by the town or other designated public entity.


Double frontage lot: A (through) lot which has both front and rear lot lines on a street and/or proposed right-of-way.

Driveway: An entrance/exit access to an approved public/private street designed to serve vehicular traffic. For the purposes of this
ordinance, a driveway can serve as many as three residential lots before having to be upgraded to meet the standards of a private
lane.

Duplex: A two-unit residential structure joined by a common structural wall.

Easement: A grant by the property owner of a strip or portion of land for a specified purpose or use by the public, a corporation, or
person(s).

Flag lot: An irregularly shaped lot where the build able portion of the lot is connected to its street frontage by an arm. Further, where a
minimum lot width is prescribed this width shall be measured at the building setback line.

Interior Lot: A lot other than a corner lot with only one (1) frontage on a street.

Lot: A portion of a subdivision, or any other parcel of land, intended as a unit of transfer of ownership or for development or both.

Lot width: The distance between side lot lines measured at the front building setback line shown on the recorded plat.

Official maps or plans: Any maps or plans officially adopted by the Holly Ridge Town Council, a municipality within Holly Ridge , the
State of North Carolina or other applicable official body as a guide for development, consisting of maps, charts and texts.

Open Spaces: An area (land and/or water) generally lacking in manmade structures reserved for the use and enjoyment of wildlife,
residents, occupants and/or owners within a development.

Parking Spaces: A parking space shall be a minimum of 9 feet by 19 feet for the purposes of this ordinance.

Planned Unit Development (PUD): A minimum of five acres of land, controlled by one or more landowners, to be developed under
unified control or unified plan of development for a number of units and/or land uses. A PUD shall be considered a rezoning of land
requiring approval of the Town Council
.
Plat: A map or plan of a parcel of land which is to be, or has been subdivided.

Private Lane: This is a private ingress/egress easement providing access to properties in a Rural Subdivision and is to be improved to
the standards set forth herein.

Public sewage disposal system: A system serving two or more dwelling units and approved by the Onslow County Health Department
and/or the North Carolina Department of Environment, Health and Natural Resources.

Reservation: A reservation of land does not involve any current transfer of property rights. Reservations constitute an obligation to
keep property free from development in perpetuity or for a stated period of time.

Street: A public or private right-of-way providing for vehicular traffic. The following classifications shall apply:

A. Alley – An access set aside primarily for vehicular service access to the back or side of properties otherwise abutting a public street.

B. Cul-de-sac – A short street having one end permanently closed with a vehicular turnaround provided.

C. Frontage Road – A local street that is parallel to a full or partial access controlled facility and functions to provide access to
adjacent land.

D. Local residential road- Either cul-de-sacs, loop roads, or roads that do not connect thoroughfares or serve major traffic generators.

E. Major arterial street – Streets that serve the rural areas with characteristics of major and minor thoroughfares and are identified as
part of the thoroughfare system.

F. Major thoroughfares – An interstate, other freeway and expressway links, and major streets that provide for the expeditious
movement of volumes of traffic within and through urban areas.

G. Minor thoroughfares – Streets in the urban system that perform the function of collecting traffic from local access streets and
carrying it to the major thoroughfare system by facilitating a minor through traffic movement and may also serve abutting property.

H. Residential collector roads – A road which serves as the connecting street between local residential roads and the thoroughfare
system.

I. Subdivision Access road – A road built through vacant property to provide access to the property being developed. This road would
not have lots plattedalong it.

These street classifications are subject to change to be compatible with NCDOT.

Sub divider: Any person, firm, or corporation who subdivides or develops land deemed to be a subdivision as herein defined.

Technical Review Committee(TRC): This standing committee shall be coordinated by the Planning Department and may consist of
representatives from the following : Utilities Department, Environmental Health, Code Enforcement, Board of Education, Fire Marshal
or Town Fire Marshal, Flood Plain Administration, County Attorney Office, NCDOT and any other agency as may be deemed
necessary.

Section 304. Word Interpretation

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

1. Words used in the present tense include the future tense.

2. Words used in the singular number include the plural and words used in the plural number include the singular, unless the natural
construction of the wording indicates otherwise.

3. The word “person” includes a firm, association, corporation, trust and company as well as an individual.

4. The words “used for” shall include the meaning “designed for”.

5. The word “structure” shall include the word “building”.

6. The word “lot” shall include the words “plot”, “parcel”, or “tract”.

7. The words “plat” and “plan” are inclusive of one another.

8. The words “shall” and “must” is always mandatory and not merely directory.

9. The words “could” and “should” are not mandatory but are recommended.

10. Words used to identify one gender shall be interpreted as including all genders.

ARTICLE IV. PROCEDURE FOR REVIEW OF SUBDIVISION PLANS

Section 401. Minor Subdivision and Rural Subdivision Review

A minor subdivision or rural subdivision may not be approved within three years on any property less than fifteen hundred feet from
the original property boundaries or the boundaries of an approved minor subdivision by anyone who owned, had an option on, or
any legal interest in the original subdivision at the time the subdivision received final plat approval or by any subsequent purchaser or
successor in interest. Either the Planning Department or applicant may at any time during the process refer a plat to the Planning
Board for review.

401.1 Preliminary Plat. When the subdivision includes the installation of fire hydrants, a private lane and/or shared driveways, or off-
site or shared drain fields/wastewater systems, the subdivide shall submit a complete preliminary plan application in accordance with
the requirements set forth in Article V. This plat may be submitted long with an application  for the final plat to be reviewed concurrently.

A. The Planning Department may distribute the plans to the Utilities Department, NCDOT, Emergency Management, Health
Department, Town Attorney office, and other departments as necessary for review.

B. If the plan is found to be in compliance, the Planning Department shall approve the plan.

401.2 Final Plat. The sub divider shall submit a complete final plat application with the requirements set forth in Article V and cost
estimates (if fire hydrants, water lines and/or a private lane are required).

A. The Planning Department may distribute the plans to the Utilities Department, NCDOT, Emergency Management, Health
Department, Town Attorney office, and other departments as necessary for review.

B. If the plan is found to be in compliance, the Planning Department shall notify the applicant so that two reproducible Mylar with all
signatures affixed and the recording fee can be submitted.

1. When fire hydrants, water lines, private lanes, or shared or off-site drain fields/wastewater systems are required, they must either be
installed prior to approval or a financial guarantee must be posted for the installation before the plat can be approved

2. The Planning Department shall sign the final plat and record it within three days of receipt or at a later date if requested by the sub
divider. One of the reproducible Mylar shall be retained by the Planning Department.

3. The approval of the plat shall become null and void if, at the request of the Sub divider, it is not recorded within 6 months of the
approval date.

C. Upon receipt of the complete application, the Planning Department shall have twenty (20) working days to render a decision on the
proposed subdivision plat. When a preliminary and final plat are submitted concurrently, the Planning Department shall
have thirty (30) working days to render a decision on both plats. Failure of the department to render a decision within such time shall
constitute approval thereof.

Section 402. Major Subdivision Review

Any of two of these stages may be submitted by the sub divider for concurrent review.

402.1 Concept/master plan. Prior to the submission of a sketch plan, the sub divider may submit a concept/master plan for the entire
property for the Planning Department and Planning Board to review and offer comments and/or recommendations. This plan would
outline the major roads, lots, and utilities.

A. The Planning Department shall distribute the plans to the Technical Review Committee (TRC) for review and comment.

B. The Planning Department shall then consolidate and present any comments to the Planning Board for their review.

C. The Planning Board shall review the plan and take one of the following actions on the concept/master plan:

1. Approve the plan as submitted;

2. Approve the plan with recommendations for change;

3. When a significant amount of change is recommended, the Planning Board may require that the plan be resubmitted with the
changes for approval; or

4. Disapprove the plan

D. The sub divider shall be notified of Planning Board action within three working days after the Planning Board meeting.

402.2 Sketch Plan. Prior to Preliminary plat submission, the sub divider shall submit a sketch plan and complete application in
accordance with the requirements set forth in Article V and the submittal policy established by the Planning Department. (This process
is optional when a sub divider submits a preliminary plat depicting the entire tract of land where the subdivision is not to be developed
in phases.)

A. The Planning Department shall distribute the plans to the Technical Review Committee (TRC) for review and comment.

B. The Planning Department shall then consolidate and present any comments to the Planning Board for their review.

C. The Planning Board shall review the plan and take one of the following actions on the sketch plan:

1. Approve the plan as submitted;

2. Approve the plan with recommendations for change;

3. When a significant amount of change is recommended, the Planning Board may require that the plan be resubmitted with the
changes for approval; or

4. Disapprove the plan.

And shall do so within 60 days of its first consideration of the plan.

D. The sub divider shall be notified of Planning Board action within three working days after the Planning Board meeting.

E. Approval of a sketch plan shall remain valid for 12 months. Preliminary plans can continue to be submitted for subsequent phases
beyond the 12 months provided the first phase receives preliminary plat approval during the initial 12
month period.


402.3 Preliminary Plat. The sub divider shall submit a preliminary plat and complete application in accordance with the requirements
set forth in Article V and the submittal policy established by the Planning Department.

A. The Planning Department shall distribute the plans to the Technical Review Committee (TRC) for review and comment.

B. The Planning Department shall then consolidate and present any comments to the Planning Board for their review.

C. The Planning Board may approve, conditionally approve or disapprove the preliminary plan and shall do so within 60 days of its first
consideration of the plat.

D. The sub divider shall be notified of Planning Board action within three working days after the Planning Board meeting.

E. Approval of the preliminary plan shall remain valid for 24 months. Final plats can continue to be submitted for subsequent sections
of the preliminary plan beyond the 24 months provided the first phase receives final approval during the initial 24-month period. The
Planning Board may grant a one-year extension of to the preliminary plat approval. If all of the lots have not received final plat
approval during his 36-month approval period, the sub divider must resubmit a new preliminary plat for the remaining property as a
new application.

402.4 Final Plat. The sub divider shall submit a final plat and complete application in accordance with the requirements set forth and
the submittal policy established by the Planning Department along with the cost estimates for the improvements.

A. The Planning Department shall distribute the plans to the Technical Review Committee (TRC) for review and comment.

B. The Planning Department shall review the plat for compliance with the provisions of this ordinance and the approved preliminary
plan.

C. If the plat is found to be in compliance, the Planning Department shall approve the plat and notify the applicant of such approval
and of the required amount of the financial guarantee so that two or more reproducible Mylar with all
signatures affixed can be submitted along with the recording fee, any required financial guarantee, the Articles of Agreement, Defects
Guarantee and any other required documentation.

1. Once the financial guarantee (if required) and the recreation dedication fee (if required) have been submitted, the Planning
Department shall sign the final plat and record it within three days of receipt or at a later date if so
requested by the sub divider. One of the reproducible Mylar shall be retained by the Planning Department.

2. The approval of the plat shall become null and void if, at the request of the Sub divider, it is not recorded within 6 months of the
approval date.

D. Upon receipt of a complete application, the Planning Department shall have thirty (30) working days to render a decision on the
proposed subdivision plat. If cost estimates were submitted, the Planning Department may take an additional fifteen (15) for review but
only after notifying the sub divider. Failure of the department to render a decision within such time shall constitute approval thereof.

E. If the Planning Department determines that a final plan has changed significantly since preliminary plat approval, the plan may be
forwarded to the Planning Board for approval. The sub divider shall be notified of such decision
within the thirty (30) day approval period.

Section 403. Utility Subdivision Review

403.1 Final Plat. The sub divider shall submit a complete application in accordance with the requirements set forth in Article V for final
plats and the submittal policy as established by the Planning Department.

A. The Planning Department shall distribute the plans to the Technical Review Committee (TRC) for review and comment.

B. The Planning Department shall review the plat for compliance with the provisions of this ordinance and the Water Department shall
ensure compliance with the Well-Head Protection Plan.

C. If the plan is found to be in compliance, the Planning Department shall notify the applicant so that two reproducible Mylar with all
signatures affixed and the recording fee can be submitted.

1. The Planning Department shall sign the final plat and record it within three days of receipt or at a later date if so requested by the
sub divider. One of the reproducible Mylar shall be retained by the Planning Department.

2. The approval of the plat shall become null and void if not recorded within 6 months of the approval date.

D. Upon receipt of the complete application, the Planning Department shall have thirty (30) working days to render a decision on the
proposed subdivision plat. Failure of the department to render a decision within such time shall constitute approval thereof.

E. If the plan is disapproved, the Planning Department shall notify the applicant, in writing, by service of process or certified mail,
review receipt requested  specifying the provisions of the ordinance with which the plan does not comply.


Section 404. Appeals

A. If a plan or plat is disapproved by the Planning Department at any stage, the Planning Department shall notify the applicant, in
writing by personal service or certified mail, return receipt requested, specifying the provisions of the ordinance with which the plan
does not comply. The applicant may appeal the decision of the Planning Department to the Planning Board within 30 days of
notification of the Planning Department’s decision.

B. Decisions by the Planning Board to deny a subdivision may be appealed to the Town Council within thirty (30) days of decision.

ARTICLE V. PLAT REQUIREMENTS - All subdivision plats shall be prepared by a Land Surveyor currently licensed by the State
of North Carolina.


Section 501. Sketch Plan Design

The sketch plan shall be drawn at a scale no smaller than 1”=200’. The sketch plan shall contain the following information:

1. Subdivision name, north arrow, and graphic scale;

2. A vicinity map showing the location of the subdivision in relation to neighboring tracts, subdivisions, roads and waterways;

3. Name(s) and mailing address(es) of property owner, developer, surveyor, engineer and land planner;

4. The boundaries of the tract and the portion of the tract to be subdivided;

5. The total acres to be subdivided, number of lots and lot sizes;

6. The existing and proposed land use and zoning classifications within the subdivision and the adjoining land;

7. Location of existing property lines, buildings, streets, access easements, railroads, bridges, culverts, water courses, transmission
lines, sewers, drainpipes, water mains, public utility easements, township and municipal boundaries;

8. General locations of proposed lot lines, streets, utility easements (storm and sanitary sewer, water, gas, electricity, and telephone)
and access easements;  

9. Proposed areas for parks, schools, or open spaces;

10. Location of 100-year floodplain boundary and floodway, including community panel number;

11. Approximate mean high water mark and any areas of environmental concern, including wetlands.

12. Location of shared or outlying drain fields or wastewater systems if separate from the lot which the field is to support.

13. Location of reserved and dedicated public rights of way for access and utilities for adjoining parcels that do not have existing
public access to a public street.

Section 502 Preliminary Plat Design

The preliminary plat shall be drawn at a scale no smaller than 1”=100’. The preliminary plat shall contain the following information:

1. Subdivision name, north arrow, and graphic scale;

2. A vicinity map showing the location of the subdivision in relation to neighboring tracts, subdivisions, roads and waterways;

3. Name(s) and mailing address(es) of property owner, developer, surveyor, engineer and land planner;

4. Location of existing property lines, buildings, streets, railroads, bridges, culverts, water courses, transmission lines, sewers,
drainpipes, water mains, public utility easements, township and municipal boundaries;

5. The name and location of any property or buildings within or adjacent to the subdivision that is located on the National Register of
Historic Places;

6. The boundaries of the tract to be subdivided with all bearings and distances shown;

7. The names of owners of adjoining properties and the names of any adjoining subdivisions;

8. Zoning classifications of the tract and adjoining properties;

9. Proposed lot lines and approximate dimensions;

10. Lots numbered consecutively throughout the subdivision;

11. The location of flood hazard and floodway areas, including the community panel number;

12. Boundaries of areas of environmental concern to include 404 wetlands, CAMA wetlands, etc.

13. Contour map with intervals of at least two feet;

14. Proposed streets (along with designation as private or public), street names, rights-of-way, pavement widths, approximate grades
and typical cross sections;

15. Utility easements

16. Utility plans for sanitary sewers, storm sewers, drainage, water distribution lines, natural gas lines*, telephone lines*, and electric
lines*;

17. Location of shared or outlying drain field/wastewater systems.

18. Location of reserved and dedicated public rights of way for access and utilities for adjoining parcels that do not have existing
public access to a public street.

19. Site data to include total acreage in tract, acreage in parks or other open space, average lot size, smallest lot size, total number of
lots, and linear feet in streets;

20. Location of riding trails, buffers, sidewalks, pedestrian or bicycle paths, parks and recreation areas with specific type indicated,
school sites, and any other areas to be dedicated to or reserved for public use.

*If so required by the Planning Department.

Additional Information Required.

1. If 404 wetlands are located on the property, the sub divider shall provide a map with a signature from the US Army Corps of
Engineers verifying the location.

2. Other information as applicable to the project.

Section 503. Final Plat

The final plat shall constitute only that portion of the approved preliminary plat which the Sub divider proposes to record and develop
at the time, provided, however, that such portion conforms to all requirements of this ordinance. The final plat shall contain the
following information:

1. Title, date, name of subdivision and graphic scale;

2. Name(s) and mailing addresses of property owner, developer, surveyor (registration number), engineer and land planner;

3. The lines of all streets and roads;

4. Lot lines; lot numbers circled and addresses in rectangular boxes;

5. Minimum building setback lines;

6. Reservations, easements, alleys and any areas to be reserved and dedicated to public use with notes stating their purposes;

7. Sufficient data to determine readily and reproduce on the ground, the location, bearing and lengths of every shared or outlying
drain field/wastewater system, street line, lot line, boundary line, block line, whether curved or straight, and including north point. This
should include the radius, central angle, and tangent distance for curved streets and curved property lines that are not the boundary
of curved streets;

8. Accuracy standards shall be according to the North Carolina state statues;

9. Accurate location and description of all monuments and markers;

10. The names and locations of adjoining subdivisions and streets, and the location, ownership, and description of the existing rights
to public streets, if any, of adjoining un subdivided property;

11. Corporate limits, township or county boundaries;

12. The name and location of any property or buildings within or adjacent to the subdivision that is located on the National Register of
Historic Places;

13. Boundaries of applicable Areas of Environmental Concern (AEC) in accordance with the State Guidelines for AECs (15 NCAN 7H)
pursuant to the Coastal Area Management Act of 1974;

14. The location of flood hazard and floodway areas, including the community panel number or a statement that the site is not affected
by any special flood hazards based upon the official FEMA maps;

15. Boundaries of areas of environmental concern to include 404 wetlands, CAMA wetlands, etc.

16. The following applicable statements and/or certifications shall be affixed on the final plat (The exact wording of these statements
may change from time to time as conditions warrant and agency policies change.):

Certificate of Ownership and Dedication
I, _______(printed name)______, hereby certify that I am the owner of the property shown and described hereon, which is located in
the subdivision jurisdiction of the Town of Holly Ridge  and that I hereby adopt this plan of subdivision with my free consent; establish
minimum building setback lines; and dedicate all streets, alleys, walks, parks, waterlines, other sites, improvements, perpetually
reserve, and easements to public or private use as designated and noted.
______________ _________________________
   Date                   Owner(s)

Certificate of Survey and Accuracy
I, ___________, certify that this map was drawn under my supervision from an actual survey made under my supervision (deed
description recorded in Book___, page___, etc) (other); that the boundaries not surveyed are clearly indicated as drawn from
information found in Book___, page___; that the ratio of precision as calculated is 1:___; that this plat was prepared in accordance
with G.S. 47-30 as amended. Witness my original signature, registration number and seal this ____day of ____, A.D. 20__.
Seal or stamp _______________________________________
                   Surveyor signature                 License Number

Water and Sewer Advisory Commission Certification
I hereby certify that the plans and specifications for the water system and/or sewer system for ____________ subdivision have been
reviewed and approved by the Onslow County Water and Sewer Authority.
_________   ___________________________
Date         Technical Operations Supervisor (other authorized person)

Certificate of Improvements Installation/Guarantee
I hereby certify that all improvements have either been installed or guaranteed by an approved security for the ______________
subdivision and that the filing fee for this plat has been paid.
____________ _________________________
Date                Owner/Authorized Agent

Certificate of Approval for Recording
I hereby certify that the subdivision plat shown hereon has been found to comply with Subdivision Regulations of the Town of Holly
Ridge , North Carolina, and that this plat has been approved by the Holly Ridge  Planning Department for recording in the Office of  
the Register of Deeds of Onslow County.
____________ ______________________________
Date                     Subdivision Administrator                            


Review Officer
NORTH CAROLINA ONSLOW COUNTY
I, __________________, Review Officer of Holly Ridge, certify that the map or plat to which this certification is affixed meets all
statutory requirements for recording.
___________________________ _________________
        Review Officer                              Date


Register of Deeds Certificate
North Carolina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Onslow County
Filed for registration at ______________o’clock __M. on the __________ day Of ____________________ AD ___________.
Recorded in Map Book _________, Page _________, Slide__________________
Onslow County Register of Deeds

Street Disclosure Statement
All streets hereon are intended to be dedicated for public use, but have not been accepted as of this date. The North Carolina
Department of Transportation may be petitioned to accept streets upon meeting residency requirements of two (2) occupied homes for
each 0.1 mile of street, provided 20% of the homes are individually owned. Property and/or lot owners are responsible for
maintenance until the streets are added to a public system.
_____________ _____________________________
 Date                   Owner/Authorized Agent

Department of Transportation
Division of Highways
Proposed Subdivision Road
Construction Standards Certification

Approved___________________
               District Engineer

OR

All streets hereon are intended for private use and are not intended to be accepted by a public system. The repair and maintenance
of the streets are the responsibility of the Homeowner’s Association or Property Owner’s Association.

Notes and other statements:

This tract is not subject to 404 wetlands and/or other areas of environmental concern. Or Wetlands Caution: Prospective buyers are
cautioned that portions of the lots shown on this plat are restricted in use by wetlands and waters jurisdiction pursuant to the US Army
Corps of Engineers Section 404 regulations. Individual lot reviews to ensure compliance with their Federal laws and regulations are
encouraged. Verification of location and restrictions should be made prior to individual lot development.

Only one (1) principal structure per lot shall be allowed or another statement as to the proposed use of the property.

This tract is (not) subject to _____ Flood Hazard Area(map reference and date).

Maintenance for easements outside of NC Department of Transportation rights-of- way are the responsibility of the property owner (or
POA).

In the absence of a homeowners association, maintenance of any shared or outlying septic fields/wastewater systems shall be the
responsibility of the developer and owner jointly and severally.

Sight Distance easements shown hereon shall remain free of all structures, trees, shrubbery and signs, except utility poles, fire
hydrants, and traffic control signs.

Other statements may be required by the Planning Department and/or Planning Board when deemed necessary.

Additional Information Required

1. Improvement Permits for each lot served by a septic system or a letter of sewer availability from utility providing sewer.

2. Recreation dedication requirement.

3. Erosion Control and Storm water Permits from the State of North Carolina.

4. Street design and/or construction approval from NCDOT & Onwasa.

5. Water and/or sewer line approval from the State of North Carolina.

6. Complete cost estimates for all required improvements.

7. Proposed restrictive covenants and owner’s association documentation.

8. Other information as applicable to the project.


ARTICLE VI. DESIGN STANDARDS AND IMPROVEMENTS

Section 601. Suitability of Land

601.1 Land which has been determined by the Planning Board on the basis of engineering or other expert surveys to pose an
ascertainable danger to life or property by reason of its unsuitability for the proposed use shall not be platted for that purpose, unless
and until the sub divider has taken the necessary measures to correct said conditions and to eliminate said dangers.

601.2 Areas that have been used for disposal of solid waste shall not be subdivided unless tests by the Onslow County Health
Department, a structural engineer and a soils expert determine that the land is suitable for the purpose proposed.

601.3 All subdivisions shall be designed to minimize flood damage and shall conform to the Flood Damage Prevention Ordinance.

601.4 When a subdivision adjoins public trust waters and other publicly owned water bodies, public access may be required.

601.5 Where areas of environmental concern have been identified, the suitability of the land in those areas will be based upon the
guidelines and standards developed in accordance with the Coastal Area Management Act of 1974.

Section 602. Name Duplication

The name of the subdivision shall not duplicate nor closely approximate the name of an existing development within Holly Ridge.

Section 603. Lots

603.1General

A. Only one principal structure and/or use shall be permitted per lot. This statement shall appear on the final plat to be recorded.

B. Side lot lines shall be at right angles to or radial to street lines where natural and manmade obstructions permit.

C. Lot boundaries shall coincide with natural and pre-existing man-made drainage ways to the extent practicable to avoid lots that can
be built upon only by altering such drainage ways.

D. Double frontage lots in residential subdivisions shall be avoided unless an adequate buffer is provided and access is permitted only
on one street. Developments with access alleyways are permitted and access to both the alley and the street are allowed.

E. Flag lot design subdivision shall be prohibited except as provided herein. A flag lot, may be permitted where the configuration of the
parcel or site features warrant such a lot design. Authorizing a flag lot is intended to accommodate a particular extenuating and
unusual circumstance and requires approval by the Planning Board. Flag lot design may be used in order to provide access to a water
body, park, golf course or other similar public land use when permitted by the Planning Board.

F. No lot lines shall run to the centerline of any road right-of-way, public or private.

G. Addresses in the subdivision shall be assigned by the county and shall appear on the final plat for recordation.

H. The location of any 404 wetlands shall be surveyed and delineated on a map signed by the US Army Corps of Engineers; the
signature need not be on the final plat but must be submitted before final plat approval. A wetlands caution statement shall appear on
the final plat. If no wetlands exist on the property, a note of such fact shall appear on the final plat.

I. Lots in a Rural Subdivision shall not be further subdivided and a note stating that shall be placed on the plat.

603.2 Area and Setbacks

A. All lots shall conform to the zoning requirements, if applicable.

B. Lots fronting on an existing or proposed Federal or State Highway, as shown on an officially adopted transportation plan, shall have
a 30 foot setback from the edge of state right-of-way.

C. Lots fronting on an existing or proposed State maintained thoroughfare, as shown on an officially adopted transportation plan, shall
have a 30 foot setback from the edge of state  right-of-way.

D. Lots fronting on all other State maintained roads or proposed residential collector roads shall have a 30 foot setback from the edge
of state right-of-way.

E. Where no zoning exists, the following minimum lot standards shall apply:

Single-family Residential:
Public water Public Water No Public Water  and sewer No Public Sewer No Public Sewer
Lot area, in Square feet 8,000sf 15,000sf 20,000sf
Lot width (at building line) 50’ 60’ 75’
Lot width (at right-of-way) 20’ 20’ 20’
*Front setback 20’ 20’ 20’
from proposed streets

Side setback 8’ 8’ 8’
Corner side setback 20’ 20’ 20’
Rear setback 15’ 15’ 15’
Setbacks for accessory structures shall be five feet from side and rear property lines and the same front
setback as for the principal building.

Residential Duplexes:
Public water Public Water No Public Water
And sewer No Public Sewer No Public Sewer
Lot area, in Square feet 10,000sf 20,000sf 30,000sf
When the lot line divides the lot along the common wall property line, the area above requirements shall be divided in half.
*Front setback 20’ 20’ 20’ from proposed streets
Side setback 8’ 8’ 8’
Does not include common wall property line.
Corner side setback 20’ 20’ 20’
Rear setback 15’ 15’ 15’
Setbacks for accessory structures shall be five feet from side and rear property lines and the same front setback as for the principal
building.

Other Multi-family Residential and Townhouses:
Public water Public Water No Public Water
And sewer No Public Sewer No Public Sewer
Lot area, in Square feet 1,500sf 5,000sf 10,000sf
*Front setback 20’ 20’ 20’ from proposed streets
Side setback 8’ 8’ 8’
Does not include common wall property line.
Corner side setback 20’ 20’ 20’
Rear setback 15’ 15’ 15’
Setbacks for accessory structures shall be five feet from side and rear property lines and the same front setback as for the principal
building.
*See Section 603.2, B, C and D for additional setbacks.

603.3Access Requirements

All newly created lots and parcels shall have access to a public street via a proposed public street, a private street evidenced by a
recorded easement for access and utilities or, in the case of a rural subdivision, a private lane evidenced by a recorded easement for
access and utilities. However, direct access (driveways) to some roads may be prohibited. (See section 603.3.C) When property is
proposed to be subdivided which has access along an existing private easement, no more than 10 residential units may be served by
the easement. The applicant must provide the names and addresses (and stamped envelopes) of the other property owners whose
property is served by the existing easement so that the Planning Department may notify them of the proposed development.

A. Private Streets. Lots and units located in developments with owners’ associations or in group housing developments in which
permanent access is guaranteed by means of approved private streets and/or drives designed in accordance with the requirements in
Section 606.7 may be approved by the Planning Board as an alternative means of access to a public street. These streets must be
built to NCDOT standards and the design and construction shall be certified as such by a licensed surveyor or engineer.

B. Rural Subdivisions. A private lane and easement may be approved provided that the following requirements are met:

1. A private lane shall serve no more than 10 residential units.

2. The minimum width of the easement shall be 45 feet and allow for the installation of utilities;

3. A minimum travel way of 20 feet in width shall be cleared with a minimum height clearance of 14 feet.

4. The easement shall be recorded and shall run with the land;

5. The travel way shall be developed with a minimum of 6” ABC stone base course at a 16 foot width and a minimum 1 ½ inch asphalt
lane at a minimum of 10 feet in width. A turnaround for emergency vehicles is required but does not have to be paved; the proposed
designed of the turnaround is to be approved by the office of the Fire Marshall. The design and installation of the travel way shall be
certified by a licensed engineer or surveyor.

6. The private lane shall intersect with an approved public or private street.

7. A disclosure statement stating that maintenance of the private lane is the responsibility of the property owners and that public
services may not be provided shall be placed on the plat.

8. A property owners association shall be established to ensure maintenance of the private lane. A street maintenance agreement
specifying the provisions for maintenance shall be recorded and run with the deeds to the property. (The deed, access and utility
easement, and street maintenance agreement may be included in one document.)

9. A 24” x 30” sign with two-inch letters stating, “Private Lane Maintained by Property Owners” shall be posted at all intersections with
public or private streets.

C. Other special access requirements.

1. Subdivisions shall not be approved that propose individual lots with direct vehicular access (driveways) to roads that have, in the
opinion of the NCDOT and the Technical Review Committee, capacity deficiencies that warrant the prohibition of the platting of lots
with direct vehicular access.

2. Whenever a proposed subdivision abuts a major arterial, major or minor thoroughfare, or collector (as delineated on the latest
adopted transportation plans), the Planning Board, or the administrator in the case of a minor subdivision, shall prohibit the platting of
lots with direct vehicular access to such road. The decision to require shared or other suitable access shall be based upon the need to
provide safe access to the proposed lots, reduce interference with the existing traffic pattern and flow, and/or provide buffering from
adverse effects of traffic noise.

3. When a subdivision is proposed to connect to an existing adjoining private street, the sub divider must provide adequate
documentation that these lots have approval to be served by the private street.

D. Commercial and industrial subdivisions shall be required to provide a frontage road or other suitable means of shared access along
highways and major and minor thoroughfares unless NCDOT and the Planning Board determines that no practicable alternative for
access exists. Where a frontage road is required, intersections with public streets shall be spaced no closer than 400 feet. Frontage
roads may be permitted within the rights-of way of existing streets subject to the approval of NCDOT.

Section 604. Easements.

604.1 Access and Utility easements. Reservation and dedication of access and utility easements may be required to provide access to
adjoining properties.

604.2 Buffer easements. Buffer easements shall be required between conflicting land uses in order to minimize impacts-see Buffer
Requirements. Vegetative buffers may also be required along water courses and/or wetland areas to mitigate impacts and to facilitate
drainage.

604.3 Drainage easements. These easements shall be required to facilitate adequate drainage along streams or other water courses
and also along lot lines and any proposed drainage facilities. Where possible, the existing and/or natural drainage way shall not be
altered. Drainage flows between lots must be reflected on all subdivision plats or drainage plans.

604.4 Septic System easements. Easements for off-site or shared subsurface septic systems, repair areas, and/or supply lines or
wastewater systems may be regulated state or local law as appropriate. These easements may be combined with other easements
only upon approval of the Onslow County Health Department.

604.5 Utility easements. Easements for underground or above-ground utilities shall be provided, where necessary, across lots or
centered on rear or side lot lines and shall be at least 20 feet wide or as required by the utilities involved. A utility easement may be
combined with a drainage easement only upon approval of said utility.

604.6 Easement maintenance. Provisions shall be made for the continued upkeep and maintenance of all easements in a manner
acceptable to the Planning Board. A statement regarding maintenance shall be included on the final plat. The developer shall make it
clear that neither Town Council nor NCDOT provides upkeep and maintenance of easements.

Section 605. Block Design

605.1 The lengths, widths and shapes of blocks shall be determined with regard to: provision of adequate building sites suitable to the
needs of the type of use contemplated; zoning requirements; needs for vehicular and pedestrian circulation; location of offsetting
streets; control and safety of traffic; limitations and opportunities of topography; and convenient access to water bodies.

605.2 Blocks shall have sufficient width to allow two tiers of lots of minimum depth except in non-residential subdivisions or where
abutting a water body. Single tier lots may be allowed to separate residential development from through vehicular traffic or another
type of use.

605.3 Where deemed necessary by the Planning Board, a pedestrian easement at least 15 feet in width may be required to provide
convenient access to a public water area or to other public or private areas, such as parks, schools, shopping centers, religious or
transportation facilities.

Section 606. Streets

606.1 Conformance with official plans. The location and design of streets and roads shall be in conformance with any applicable,
adopted transportation plan. Where conditions warrant, right-of-way widths and pavement widths in excess of the minimum street
standards may be required.

606.2 Conformance with adjoining road systems. The planned street layout of a proposed subdivision shall be compatible with existing
or proposed streets and their classifications.

606.3 Access to adjoining property. Where, it is desirable or necessary to provide for street access to adjoining property, proposed
streets shall be extended, reserved, dedicated, and where appropriate, constructed to the boundary of such property. Generally,
providing access shall be required (i) where the zoning and/or land use on the adjoining property are compatible with the proposed
subdivision, (ii) where there are no natural or manmade barriers that make the street extension impracticable, (iii) where the
street extension will result in desirable traffic flows and patterns and where inappropriate levels of through traffic are avoided, and (iv)
where the street extension will promote the overall orderly development of the area. All stub streets shall be designed and, where
required to be built, constructed in accordance with the standards herein.

606.4 Reserve strips. Reserve strips adjoining streets right-of-way for the purpose of preventing access or utilities to adjacent
property shall not be permitted under any condition.

606.5 Street classification. The final determination of the classification of streets in a proposed subdivision shall be made by the town
and NCDOT.

606.6 Public streets.
A. Public roads shall be designed and constructed in accordance with the North Carolina Department of Transportation (NCDOT)
Subdivision Roads; Minimum Construction Standards. In the case where a municipality providing the proposed subdivision with utility
service(s) requires that its public road standards be adhered to and where those standards exceed the NCDOT road standards, the
county’s road standards shall apply.

B. Where streets are dedicated to the public but not accepted into a county or state system at the time the plat is recorded, a
statement explaining the status of the street shall be included on the final plat. Said statements shall explain that the property
and/or lot owners are ultimately responsible for the upkeep and maintenance of all streets until such time that the streets are included
in the state system. This statement shall explain the state residency requirements and petition process and shall run with
the legal documentation of each lot.

606.7 Private streets.

A. The minimum design standards for all private streets will be equivalent to the minimum standards and specifications of the NCDOT
for subdivision roads. Certification from a licensed engineer or surveyor that the proposed streets are designed per NCDOT road
standards for subdivision streets shall be submitted prior to preliminary plat approval. Furthermore, certification by a licensed surveyor
or engineer that such streets have been constructed in accordance with minimum NCDOT standards and specifications shall be
provided prior to final plat approval or, in the case of an improvements guarantee, prior to the release of the guarantee.

B. Private streets shall be permitted in developments with owner’s associations. The ownership interest and maintenance obligations of
such private streets shall be identified and recorded in the homeowner association agreement.

C. In the case where a municipality providing the proposed subdivision with utility service(s) requires that its road standards be
adhered to and where those standards exceed the NCDOT road standards, the municipality’s road standards shall apply.

D. All private streets shall be indicated as such on the final plat.

E. No through street in a residential area connecting two public streets can be designated as a private street, unless approved by
NCDOT and the Planning Board and/or the adjacent county.

F. All private streets, connected with state-maintained streets, require a driveway permit from NCDOT.

G. A street disclosure statement shall be included on the recorded final plat.

H. A 24” x 30” sign with two-inch letters stating, “Private Street Maintained by Property Owners” shall be posted at all entrances to the
private street.

606.8 Non-Residential Streets. Streets in a non-residential subdivision shall be designed and constructed to meet the standards of
NCDOT for the type of street proposed. When the street is proposed to be private, certification from a licensed engineer or surveyor
that the proposed streets are designed per NCDOT road standards shall be submitted prior to preliminary plat approval. Furthermore,
certification by a licensed surveyor or engineer that such streets have been constructed in accordance with minimum NCDOT
standards and specifications shall be provided prior to final plat approval or, in the case of an improvements guarantee, prior to the
release of the guarantee. Where not otherwise reserved and dedicated to public use, all such streets shall be described in a recorded
easement for the benefit of all appurtenant properties and shall allow egress, access, and installation of utilities for public use.

606.9 Design Standards for All Streets

A. The provision of street rights-of-way shall conform to and meet the requirements of any adopted transportation plan.

B. Right-of-way: Right-of-way widths shall not be less than required by the State of North Carolina for the type of road or street
proposed, and adopted transportation plans.

C. Street widths: Widths for streets shall be as required by NCDOT standards for the classification of the proposed street and in
accordance with any adopted transportation plan.

D. Intersections:

1. Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at an
angle less than 75 degrees.

2. Offset intersections are to be avoided. Intersections which cannot be aligned should be separated by a minimum length of 200 feet
between centerlines.

3. Intersections with arterials, collectors, and thoroughfares shall be as required by the North Carolina Department of Transportation
and in accordance with any adopted transportation plan.

4. No two streets may intersect with any other street on the same side at a distance of less than 400 feet measured from centerline to
centerline at the intersections. When the intersecting street is a major or minor thoroughfare, the distance between intersecting streets
shall be at least 600 feet. When two thoroughfares are proposed to intersect, this distance may need to be increased to 1,000 feet
and/or right-in/right-out drives may be required.

5. The grade at an intersection shall not exceed five percent for a distance of not less than 100 feet from the centerline of the
intersection.

E. Sight Distance easements. These easements shall be shown on the final plat along with a note that the easements shall remain free
of all structures, trees, shrubbery and signs, except utility poles, fire hydrants, and traffic control signs. The location and extent of sight
distance easements shall be in conformance with the NCDOT requirements for public roads.

F. Cul-de-sacs: The maximum distance from an intersecting through street to the end of a cul-de-sac shall be 1200 feet (This distance
shall be measured from the centerline of the turnaround to the centerline of the nearest street intersection). Cul-de-sacs shall not be
used to avoid connection with an existing street, unless exception is granted by the Planning Board. All cul-de-sacs shall have a
circular turnaround right-of-way of at least 90 feet in diameter.

G. Alleys. Alleys shall be required to serve lots used for commercial and industrial purposes except that this requirement may be
waived where other acceptable provisions are made for service access. The width of any alley shall be at least 20 feet. Dead-end
alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities. Sharp changes in
alignment and grade shall be avoided. All commercial alleys shall be designed in accordance with North Carolina Department of
Transportation Standards.

H. Street name and traffic control signs. The sub divider shall be required to provide and erect street name and traffic control signs to
town and state standards at all intersections within the subdivision prior to final plat approval or sufficient guarantees for such signs
shall be provided.

I. Permits for connection to state roads. A permit issued by the North Carolina Department of Transportation shall be required prior to
any construction on the street or road.

J. Sidewalks. Sidewalks may be required by the Planning Board on one or both sides of the street in areas likely to be subject to heavy
pedestrian traffic such as near schools, parks, recreation areas, or shopping areas. Such sidewalks shall be constructed to a minimum
width of five feet and shall consist of a minimum thickness of four inches of concrete. All sidewalks shall be placed in the right-of-way
orappropriate easement. Sidewalks shall consist of a minimum of six inches of concrete at driveway crossings or shall be adequately
reinforced otherwise.

K. Wheelchair Ramps. In accordance with Chapter 136, Article 2A, Section 136-44.13, all street curbs shall provide wheelchair ramps
for the physically handicapped at all intersections where both gutter and sidewalks are provided and at other major points of
pedestrian flow.

L. Curb and Gutter. Curb and gutter may be required by the Planning Board for drainage and other engineering purposes.

M. Offsets to utility poles. Poles for overhead utilities should be located clear of roadway shoulders, preferable a minimum of at least
30 feet from the edge of pavement on major thoroughfares. On streets with curb and gutter, utility poles should be set a minimum
distance of six feet from the face of curb.

N. Bridges. All bridges and approaches shall conform to the requirements established by the North Carolina Department of
Transportation.

Section 607. Utilities and other plans required

607.1 Water Supply. Each lot in a subdivision shall be provided with a connection to a public water system at the sub divider’s expense
if it is determined that such system is available. Water line extensions must comply with the standards and policies of the Onwasa
water department or other utility providing service. Utility subdivisions do not have to meet this requirement.

607.2 Sanitary Sewer. If a subdivision is developed using an off-site drain field, a community sewer system, area wide system, or any
other form of off-site sewer treatment facility, a disclosure of the type of system proposed, and its ownership Shall be submitted with
the sketch plan. All other necessary and appropriate local and state documentation shall be submitted with the final plat.

607.3 Individual Septic. The improvement permit for each lot shall be submitted with the final plat. Erosion Control. When one acre or
more is to be disturbed, an erosion control permit must be obtained from the State of North Carolina. A copy of this permit shall be
submitted to the Planning Department prior to final plat approval and no construction activity shall commence until such permit is
obtained.

607.4 Storm water Drainage System.

A. No surface water shall be channeled or directed into a sanitary sewer.

B. Where feasible, the sub divider shall connect to an existing storm drainage system.

C. 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 and shall be approved by the State of North Carolina Department
of Environment and Natural Resources.

D. A copy of the storm water permit shall be submitted to the Planning Department prior to final plat approval.

607.5 Any proposed dam or impoundment within the subdivision must comply with the North Carolina Dam Safety Law of 1967 and the
North Carolina Administrative Code, Title 15, Subchapter 2K.

607.6 Underground wiring. All multi-family and high density subdivisions (lots less than 10,000 square feet) shall have underground
wiring.

Section 608. Buffering ( Reference  Back to Zoning Ordinance, Page 52 - 54, Article XXV - Section 25.1- 25.15

608.1 Whenever a residential subdivision is located adjacent to an office, institutional, commercial, or industrial use, or property zoned
for these uses, the sub divider shall provide a buffer. If a buffer exists on the adjacent tract and is deemed by the Subdivision
Administrator and/or Planning Board to be sufficient, an additional buffer will not be required. Additionally, if a water course, street or
other area exists between the adjacent use and the proposed use, the buffer requirement may be waived and/or altered. Final plats
shall not be approved until the buffer is constructed or an adequate bond or guarantee is provided as identified in the Zoning
Ordinance.

608.2 Applicants must satisfy the buffering requirements provided here as well as those found in the Zoning Ordinance. The buffer
shall be uniform in appearance and become a part of the lot on which it is located, or in the case of common property shall be deeded
to the owner’s association.

608.3 The width and contents of the buffer shall be as follows:

REFERENCE BACK TO ZOING ORDIANCE PAGE 52 - 54  Article XXV Section 25.1 to 25.15

Trees must be from no less than 3 gallon containers and/or 6’ in height at planting and shrubs must be from no less than one gallon
containers and/or 2’ in height at planting. Natural buffers and/or an alternative design may be utilized if the Subdivision Administrator
and/or Planning Board deems it sufficient.

608.5 The upkeep and maintenance of the fence and plants are the responsibility of the Sub divider until the lots are sold and then
the individual lot owner or owner’s association.

Section 609. Recreation and Open Space Requirements (Reserved)

ARTICLE VII. OTHER DEVELOPMENT TYPES

Section 701. Campground Subdivisions

701.1 The minimum size of a campground subdivision shall be one acre. Gross density shall not exceed twenty lots per gross acre.
The minimum lot size shall be 1500 square feet and minimum lot width shall be 30 feet.

701.2 One all-weather automobile parking space located outside of any public right-of-way or any street within the subdivision shall be
provided for each lot.

701.3 Each lot shall abut upon an improved road of at least twenty feet in width which shall be covered with at least four inches of
stone. A road maintenance agreement and owner’s association shall be recorded and a statement included on the final plat for
recording.

701.4 Each lot shall be served by a sewer system approved by the Onslow County Health Department or by a private or public sewer
utility.

701.5 Each lot in a subdivision shall be provided with a connection to a public water system at the sub divider’s expense if it is
determined that such system is available. Water line extensions must comply with the standards and policies of the Onwasa water
department or other utility providing service.
701.6 A central service building containing at least one shower, one lavatory and one commode for each ten lots and other electrical
fixtures shall be provided. It shall be located within or immediately adjacent to the subdivision. If the subdivision is divided by a state
maintained road, a central service building shall be provided on each side of the road.

701.7 Permanent or semi-permanent structures or any vehicle designed as permanent living quarters shall not be allowed, and shall
include but not be limited to: porches, carport, awnings, or any other structure not intended to be temporary.


701.8 All central service buildings, swimming pools, water and sewer facilities and other services for the use of the lot owners shall be
maintained by the operator/manager or lot owner's association.
701.9 Not less than 20 percent of the gross acreage shall be reserved as open space. The open space shall be maintained by the
operator/manager or a lot owner’s association.

701.10 All other appropriate standards, procedures and requirements of this ordinance shall apply.

Section 702. Multi-family Subdivisions

702.1.1For multi-family, townhouse and duplex subdivisions, and condominiums all information for major subdivisions shall be
submitted. In addition, the following shall be required prior to Planning Board approval:



A. All documents as required by law (NC Condominium Act),

B. All owner’s association documents which stipulate the maintenance and upkeep
of all improvements such as streets, parking areas and other common areas.

C. All restrictive covenants.

702.2 All improvements (streets, utilities, etc) shall conform to the provisions set forth in this ordinance.

702.3 All design and plan criteria shall conform to the provisions set forth in this ordinance.

702.4 Two off-street parking spaces shall be provided for each residential unit.
Section 703. Planned Unit Developments

A Planned Unit Development (PUD) is designed to encourage unified development of
property in an innovative manner using contemporary design patterns and sound engineering principals.

A. Areas of the county that are zoned, a PUD application requires two separate actions: a
rezoning and site plan approved by the Town Council and a major subdivision plat review by the Planning Board.

B. In un zoned areas, the application is acted upon by the Planning Board, both the major
subdivision plat and the accompanying site plan.

C. The developer shall submit a sketch plan for initial comments and approval before the
submission of the preliminary plan/site plan and final plat.

703.1Modification of Standards

A. The town may waive or modify the specifications, standards and requirements
set forth in this ordinance for a PUD.

B. Minimum lot areas and setbacks may be reduced and the averaging of lot areas
shall be permitted to provide flexibility in design; however, each lot shall contain
an acceptable building site. The overall average residential density shall be no
greater than the maximum density in the town’s land use plan and/or other
official town plan.

C. No PUD shall be approved which is incompatible with official plans of the
town.

D. The maximum height of buildings may be increased if the County Emergency
Management officials determine that fire protection can be adequately provided.

703.2Design Standards

A. The PUD shall provide a safe internal street circulation system designed for the type
of traffic generated.

B. The PUD shall provide parking areas adequate in terms of location, area, circulation,
safety, convenience, separation and screening.
C. The PUD shall provide common open space adequate in terms of location, area and
type. The total area of the open space shall equal 25 percent of the residential areas
within the PUD. The Planning Board may reduce the area requirement if it finds that
such reduction is warranted by the type and design of the proposed open space.
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D. Two off-street parking spaces shall be required for each residential unit and other
parking as deemed necessary for other proposed uses.


E. The uses permitted in any PUD shall be only those permitted by the approved PUD
plan.

703.3 Procedure for PUD approval

A. The developer shall submit a sketch plan as set forth in the major subdivision
process for approval by the Planning Board. In zoned areas of the county, a
rezoning application shall be submitted at or before a preliminary plan/site plan is
submitted. The Planning Board may approve the sketch plan contingent upon the
rezoning of such property.

B. The preliminary plan and site plan may be combined into one plan with the
following site plan information added:

1. Location of buildings, parking, sanitary sewer improvements, and any
other proposed improvements;

2. Proposed use of each building within the site;

3. Location of any fences, buffers, trails, and other major landscaping
features;

4. Other information as may be requested by the Planning Department staff.


C. Once the preliminary plan and site plan are approved and the rezoning, if
applicable has been approved; the developer may submit the final plat for
approval as set forth in this ordinance.

ARTICLE VIII. GUARANTEES REQUIRED

Section 801. Improvements Guarantee

801.1 General Requirements. No final plat shall be approved until the required improvements have been constructed or, in lieu of such
construction, the Town may accept a bond with approved surety, a letter of credit payable to the Town, or cash in the required amount.

801.2 Articles of Agreement required. All financial guarantees shall be submitted along
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with an Articles of Agreement. See Appendix A. The agreement shall be signed by the
Sub divider and the subdivision administrator. This agreement shall include a completion
date which cannot exceed 2 years from the application date unless special approval has
been granted by the Planning Board.

801.3 Review of Cost Estimates. The Planning Department shall submit the plans and cost estimates to the Water Department or
applicable utility and NCDOT for review with a request that the reviewed estimates be returned within 10 working days.

801.4 Amount of Financial Guarantee. The amount of the guarantee shall be the amount of the incomplete improvements plus a
contingency amount of no more than 15 percent.

801.5 Draw downs Permitted. During construction, the subdivider may request that the
amount of the financial guarantee be reduced by submitting a written request to the
Planning Department. After inspection of the project, the Subdivision Administrator may
allow such drawdown.

801.6 Release of Guarantee. Once construction is complete, the sub divider shall provide a “Basic Letter” from NCDOT stating that
the street improvements meet their standards or, if the streets are to be private, the sub divider shall provide the Planning Department
with a statement certified by an engineer or land surveyor that the improvements have been completed and meet NCDOT standards.
The Planning Department shall then release the guarantee.

Section 802. Subdivision Improvements Defects Guarantee

The sub divider shall submit a written statement guaranteeing all improvements, not
covered by another utility or agency, for a period of one year from the date of acceptance and/or installation of improvements.

Appendix A

ARTICLES OF AGREEMENT

These Articles of Agreement, made and entered into this _______day of_____________,
(year) by and between _____________________, hereinafter referred to as Developer, and the People of the Town of Holly Ridge,
North Carolina, by their Town Council , and their Planning Board, hereinafter referred to as Town of Holly Ridge.

WITNESSETH:
1. In consideration of the approval by Town of Holly Ridge of the plat for the subdivision
known as ____________________ in accordance with the Developer’s proposal
submitted herewith, the Holly Spring Subdivision Regulations as enacted by the
39


Town Council of Holly Ridge and said Subdivision Regulations are incorporated into this Agreement by this reference and made a part
thereof.

2. Developer agrees to complete all improvements so specified in the approved
preliminary plat prior to the sale of any lot therein or to provide guarantees to Holly
Ridge for such improvements in a form acceptable to Holly Ridge prior to the
sale of any lot therein. Said guarantees shall remain in effect and shall be renewed by
the Developer as necessary until released by Holly Ridge. Said guarantees shall
be forfeited upon determination by Holly Ridge that compliance with this
Agreement or the Holly Ridge Subdivision Regulations has not been
accomplished.

3. It is mutually agreed that the time of performance by the Developer shall be an
essential part of this Contract, any failure of the Developer to complete the
subdivision in accordance with the Holly Ridge Subdivision Regulations and the
approved preliminary plat and according to the completion schedule herein contained,
shall be cause for forfeiture of the guarantees to Holly Ridge . Notwithstanding
any provision herein, the Holly Ridge  Planning Board shall have authority to
extend the time of compliance upon demonstration by the Developer that unforeseen
or unusual circumstances exist.
4. Completion Schedule:
Starting Date Completion Cost
Date Estimate
Water
System ___________ _________ _______
Streets ___________ _________ _______
Sewer
System ___________ _________ ________
Signs ___________ __________ ________

5. The Developer hereby agrees to identify full responsibility for the upkeep and
maintenance of any and all street until such time as said streets are included in the
state system for maintenance or turned over to a property owners association or other
private group for maintenance. The Developer shall actively seek including of said
streets into the system, if applicable, and provide evidence of such to Holly Ridge.

6. It is further mutually agreed and understood that all agreements herein contained shall
extend to and be obligatory upon the heirs and assigns of the Developer and in no
event will this Agreement be assigned by the developer without the written consent of
Holly Ridge.
______________________ ______________________
Date Sub divider:
____________________ ______________________
Date Subdivision Administrator