Unified Development Ordinance

Article 8.1. General Provisions

Article 8.1. General Provisions aaron.sheppard… Mon, 05/08/2023 - 10:28

Sec. 8.1.1. Applicability

Sec. 8.1.1. Applicability aaron.sheppard… Tue, 05/23/2023 - 12:49
  1. This Chapter applies to all development within the City or within the City's extraterritorial jurisdiction as set forth in Sec. 10.2.5. and Sec. 10.2.8.
  2. No construction shall commence until all required plans, profiles and specifications have been reviewed and approved by the City or other governmental approving agency.
  3. No City services or utilities shall be extended or furnished to any development until the applicant has installed the improvements specified in this UDO or guaranteed their installation as provided for in this UDO.
  4. Variances to this Chapter are heard by the Board of Adjustment pursuant to Sec. 10.2.10. Pursuant to Sec. 10.2.18, design alternates where specifically authorized are heard by either the Planning Commission or Design Review Commission performing the quasi-judicial duties of the Planning Commission (as designated by the City Council).
  5. All improvements must conform with all adopted City plans.

Sec. 8.1.2. Phasing

Sec. 8.1.2. Phasing aaron.sheppard… Tue, 05/23/2023 - 12:49
  1. If not otherwise set out as part of the preliminary subdivision plan, lots may be recorded and public improvements may be constructed in phases.
  2. A phasing plan shall be submitted in accordance with Sec. 10.2.5.E.7.

Sec. 8.1.3. Construction Surety

Sec. 8.1.3. Construction Surety aaron.sheppard… Tue, 05/23/2023 - 12:50
  1. If all development-related improvements and installations are not completed and accepted by the City prior to a request to record all or a part of any subdivision or issuance of a building permit for any site plan, whichever first occurs, a security instrument shall be posted, in lieu of completion of the work, in an amount of 125% of the estimated construction cost of the development related improvements which remain incomplete and with surety and conditions satisfactory to the City, providing for and securing to the City the actual construction and installation of improvements. Projects undertaken by the City of Raleigh are exempted from this requirement to provide construction sureties.
  2.  All development-related improvements that are secured by a surety shall be installed prior to the issuance of the first certificate of occupancy within the subdivision phase or prior to the issuance of the first certificate of occupancy for the site plan, whichever event first occurs on the property. Except the final coat of asphalt for street improvements and the  installation of sidewalks, street trees, street lights and permitted street furniture may at the option of the applicant be installed within 36 months following the issuance of the first certificate of occupancy provided surety in the amount of 125% of these improvements are first provided to the City. Where improvements are required on a State-maintained road, a 100% construction surety is required. In this instance, proof of bond or surety with the State must be supplied to the City.
  3. Where the Development Services Director determines that circumstances out of the control of the applicant have prohibited substantial progression of construction, an extension of not more than 2 years on the completion of the final coat of asphalt and installation of sidewalks, street trees, street lights and permitted street furniture may be granted. A surety in the amount of 125% of these improvements shall remain in place during the extension and the warranty period shall not commence until the outstanding items have been installed and inspected.
  4. Where the Development Services Director determines that landscaping in the public right-of-way cannot be installed due to inclement weather conditions, a surety in the amount of 125% of the value of the landscaping shall be provided to the City, in accordance with Sec. 8.5.1.B. The landscaping improvements shall be installed within 30 days of the start of the next October  1 to April 30 planting period.

Sec. 8.1.4. Warranty

Sec. 8.1.4. Warranty aaron.sheppard… Tue, 05/23/2023 - 12:50
  1. All development-related improvements must have a warranty guaranteeing the work against defects for a period of 1 year from the date of warranty period commencement for the respective infrastructure system.
  2. The warranty shall list the City as a beneficiary.
  3. A warranty surety shall be provided in an amount of 15% of the estimated value of the warranted development-related improvements. The surety shall expire 6 months after the expiration of the warranty period.

Sec. 8.1.5. Acceptance

Sec. 8.1.5. Acceptance aaron.sheppard… Tue, 05/23/2023 - 12:51

Any development-related improvements shall not be officially accepted until the improvements have been inspected by the City, corrections are made in the field and on the approved infrastructure construction plans, a reproducible copy of the as-built drawings is provided to the Development Services Department and the warranty required in the previous section is completed.

Sec. 8.1.6. Reservation of Public Land

Sec. 8.1.6. Reservation of Public Land aaron.sheppard… Tue, 05/23/2023 - 12:54
  1. Where a proposed park, greenway, open space, school, fire station or other public use shown in the Comprehensive Plan is located in whole or in part in a development, the City Council may require the reservation of the land for future use.
  2. The reservation shall continue in effect for a period of not more than 1 year from the date of approval of the preliminary plan or site plan. This reservation period may be extended for an additional year upon submission of a letter to the City Council of intent to purchase by the appropriate governmental agency. Further extensions may be permitted upon mutual agreement between the land owner and the City Council, each of which shall not exceed 2 years.

Sec. 8.1.7. Easements

Sec. 8.1.7. Easements aaron.sheppard… Tue, 05/23/2023 - 12:54
  1. Platted easements and deed of easements shall be provided in the locations and dimensions required by the City in order to:
    1. Allow for adequate storm drainage facilities;
    2. Allow for proper installation of water and sewer lines, whether immediately proposed or necessary for adequate service in the future;
    3. Allow for cross-access between properties;
    4. Allow for adequate transit facilities and access;
    5. Allow for adequate pedestrian and bicycle access;
    6. Allow for adequate right-of way for street types;
    7. Allow for adequate public access; and
    8. Allow for adequate slope for roadway construction.
  2. Easement widths shall be specified by the City as necessary to accommodate existing and future needs as well as construction and repair of facilities. for drainage easements, the widths should be sufficient to accommodate areas anticipated to be inundated by stormwater. 

Sec. 8.1.8. Names and Numbering

Sec. 8.1.8. Names and Numbering aaron.sheppard… Tue, 05/23/2023 - 12:55
  1. The proposed name of a subdivision, site plan and proposed street names shall not duplicate or too closely approximate, phonetically, the name of any other subdivision, site plan or street.
  2. Words that are part of a name and are generic in their meaning (e.g. “river,” “woods,” “hills”) shall not be considered as  duplicates of other similar uses of words.
  3. House or building numbers shall conform to the system established for the City.

Sec. 8.1.9. Subdivision Monuments

Sec. 8.1.9. Subdivision Monuments aaron.sheppard… Tue, 05/23/2023 - 12:56
  1. Permanent Markers
    1. Permanent markers shall be placed at locations of the subdivision in accordance with Sec. 8.1.9.B.
    2. Permanent markers must be made of concrete at least 3 feet long and 4 inches square or in diameter with appropriate markings on top. The location and coordinates of each of these markers shall be shown on the subdivision plat.
  2. Coordinate System
    1. Permanent markers shall be placed at one or more corners of the subdivision that are coordinated with a horizontal control monument of some United States or State agency survey system, such as the North Carolina Geodetic Survey System, where such monument is within 2,000 feet of a corner.
    2. Where the North Carolina Grid System coordinates of the monument are on file with the state, the coordinates of both the referenced corner and the monuments used shall be computed and shown in X (easting) and Y (northing) coordinates on the map.
    3. The coordinates shall be identified as based on “NAD 83” indicating North American datum of 1983, or as “NAD 27,” indicating North American datum of 1927. Where such a monument is not available, the tie shall be made to some pertinent and permanent recognizable landmark or identifiable reference point.
  3. Corner Markers
    Corner markers shall be set at the corners of all lots and shall consist of metal pipes not less than ¾ of inch in diameter and 2 feet long.
  4. Reference Mark
    1. Whenever any portion of any lot in the subdivision lies within a special flood hazard area, a reference mark in the form of an “X” indicating the elevation in relation to mean sea level to the nearest 1/10 of 1 foot shall be located on a permanent marker or structure such as a culvert, bridge, head wall or wing wall or as otherwise approved by the Engineering Services Director.
    2. The elevation and a description of the location of the reference mark shall be indicated on the subdivision plats, which contain lots in special flood hazard areas.

Sec. 8.1.10. Fee in Lieu

Sec. 8.1.10. Fee in Lieu aaron.sheppard… Tue, 05/23/2023 - 12:56

Where the Development Services Director determines that construction of public improvements would not be feasible, a fee in lieu may be permitted. In this instance, right-of-way dedication and all necessary easements shall be dedicated to the City. Infrastructure construction plans may be required to determine the extent of public improvements and easements.