Item #14

The proposed amendment is to establish phasing requirements and timing of submission of phasing plans for subdivision and site plans. This amendment also renumbers Chapter 8 to accommodate the new Section 8.1 Subdivision and Site Plan General Provisions since it is being added. A few reference corrections and formatting corrections have been incorporated to provide consistency within the LDO.

Chapter 8:        STANDARDS FOR SUBDIVISIONS AND USES REQUIRING SITE PLANS

8.1 SUBDIVISION AND SITE PLAN GENERAL PROVISIONS

8.1.1     General Design Standards

All development plans submitted under Section 3.9 of this Ordinance, and all uses for which site plans are submitted, shall meet the following standards before they may be approved by the Town Council or Planning Director:

(A)        The proposed development shall comply with the lot area, width, front yard, side yard, rear yard, height, lot coverage requirements and other development standards for the zoning district in which it is located, as set forth in Chapter 6;

(B)        The proposed development shall comply with the off-street parking and loading requirements set forth in 7.8 of this Ordinance;

(C)        The proposed development shall comply with the appearance, landscaping, and buffer requirements set forth in Sections 7.2 and 7.7 of this Ordinance;

(D)        Traffic circulation and control patterns within the site shall be adequate to provide access to adjoining properties and streets;

(E)        Walkways shall be located so that pedestrians may walk from store to store or building to building on the site and on adjacent properties, with the minimum possible conflicts with vehicular traffic and the maximum possible efficiency or pedestrian circulation;

(F)        Wherever possible, all walkways, travel lanes, and driveways shall be connected with related facilities in adjacent properties;

(G)        Where on-site travel lanes and/or driveways connect to adjacent properties and allow traffic movement between adjacent properties, such lanes and driveways shall be constructed with curbs and gutters meeting the requirements of the Town’s Standard Specifications and Details Manual;

(H)        Parking shall not be allowed along the travel lanes and driveways and adequate no-parking signs shall be installed along all such travel lanes and driveways;

(I)         Water supplies, fire protection, facilities, and sanitary sewer facilities shall be adequate to serve the type and amount of development proposed;

(J)         Drainage systems shall be adequate for the disposition and treatment of stormwater;

(K)        The proposed development shall meet all other applicable requirements of this Ordinance, and shall comply with applicable provisions in supplemental documents such as, but not limited to, the Design Guidelines Manual, Town Center Design Guidelines, Community Appearance Manual, Standard Specifications and Details Manual, and the Comprehensive Transportation Plan;

(L)        All non-residential development shall be designed to allow for cross access to compatible adjacent properties to encourage shared access points on public or private streets. This requirement may be waived if the Planning Director determines that cross access is impractical.

8.1.2     Phasing Plan Requirements

(A)        If requested in the original application, a large subdivision or site plan may be considered for approval for phased development.

(B)        Phasing plans should be included in the first submittal and shall be reviewed by the Development Review Committee and/or other Town staff and evaluated as part of the overall development plan.

(C)        Each phase of a development needs to be “stand alone” in regard to utilities, fire protection, streets and stormwater management. Phase lines must follow reasonable and logical boundaries, such as terminating at intersections or following topographical breaks.

(D)        Phases should be created so that each phase consists of no less than fifty (50) lots or twenty-five (25) percent of the total number of lots within a development, whichever is greater. Developments having less than one hundred (100) lots will be considered for no more than two (2) phases. An exception can be considered for the first phase if a model home or sales home is planned, provided that phase meets “stand alone” requirements.

(E)        Phases shall be constructed in the approved manner to ensure orderly and planned development. Phases shall be planned to ensure the efficient construction of adjacent future phases (those phases immediately next to the subject phase, sharing a common boundary line), and to ensure that phased development is contiguous.

(F)        Lot numbers should not be duplicated within different phases of the same subdivision.

(G)        Each proposed phase must, at a minimum, include the transportation, utility, and other public/private infrastructure shown on the proposed phasing plans, such that each phase is independent of subsequent phases.

(H)        All right-of-way and/or easements for public infrastructure servicing the respective phase must be recorded with the first plat.

(I)         Water and sewer extension permit applications for each individual phase of the project are required after plan approval.

8.1.3     Required Improvements

(A)        Required Features

The developer or applicant shall be required to do the following:

(1)        Dedicate any additional right-of-way necessary to achieve the width required by the Town’s Comprehensive Transportation Plan for all streets adjoining the property;

(2)        Reserve, but not dedicate, right-of-way for controlled access highways;

(3)        Install curbs and gutters along all streets adjoining the property and to pave all streets adjoining the property, in accordance with the requirements set out in the Town’s Standard Specifications and Details Manual and the Town’s Comprehensive Transportation Plan;

(4)        Install sidewalks and pedestrian pathways in accordance with the requirements set our in the Town’s Standard Specifications and Details Manual where the Town Council or Planning and Zoning Board determines that the public safety and convenience warrant in view of existing and expected pedestrian traffic;

(5)        Install street signs in accordance with Section 8.1.3(F) below;

(6)        Install street lighting in accordance with Section 8.1.3(G) below;

(7)        For residential development, provide open space and recreational facilities; and

(8)        All utilities shall be placed underground.

8.1.4     Improvements

(A)        Streets

(1)        All streets within a development shall conform to the requirements of this Section and Policy Statement No. 62 (Collector Streets), as may be amended from time to time by the Town Council. These standards are considered to be minimum standards and may be increased in a particular instance, where necessary to make a proposed street conform to sound traffic engineering standards and principles and the Town’s Standard Specifications and Details Manual.

(2)        The street layout in the development shall conform to the arrangement, width, and location indicated on the Comprehensive Transportation Plan Thoroughfare Plan Maps. For streets not indicated on that plan, the streets shall be designed and located with regard to existing and proposed streets, to the topography of the area, to such natural features as streams and tree growth, to public convenience and safety, and to the proposed use of land to be served by such streets. The proposed street layout shall be consistent with good land planning practices for the type of development proposed, and shall be coordinated with the street system of surrounding areas. All streets shall provide for the continuation or extension of the principal streets in surrounding areas and shall provide reasonable means of ingress and egress for surrounding properties.

(3)        Street rights-of-way shall meet the minimum widths stated in the Town’s Standard Specifications and Details Manual and, if the street is indicated on the Comprehensive Transportation Plan Thoroughfare Plan Maps, the minimum width shown on the Comprehensive Transportation Plan Thoroughfare Plan Map.

(4)        The pavement width of each street shall meet the minimum width stated in the Town’s Standard Specifications and Details Manual.

(5)        All horizontal curves, vertical curves, grades, and intersections shall conform to the applicable requirements set forth in the Town’s Standard Specifications and Details Manual.

(6)        Cul-de-sacs shall comply with the length limits and design standards set forth in the Town’s Standard Specifications and Details Manual, and shall be provided with a turnaround at the closed end. Also see Connectivity requirements in Section 7.10.

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(7)        The names of streets and the addresses of individual lots in the development shall be reviewed and approved as part of the preliminary plat. The names of new streets shall not duplicate or be similar to the names of existing streets anywhere in Wake County or Chatham County. Where a new street extends or continues an existing street, the name of the existing street shall be used for the new street. All street names will be submitted to the Permits and Inspections Department for approval. A change in the suffix (i.e. St., ed. Constructions), when added to the new name, shall not constitute a new name.

(8)        All streets and areas immediately adjacent to the streets shall be cleared and graded to provide adequate drainage, and pedestrian walkways that may be required for the subdivision under Section 7.10, Connectivity, of this Ordinance. Existing vegetation along the right-of-way shall not be negatively affected by such clearing and grading activities. The finished grade, cross-section, and profile shall be approved in conjunction with the final plat.

(9)        The property owner/developer shall install the road base and paving necessary to meet the requirements of this Ordinance and the Town’s Standard Specifications and Details Manual.

(10)       Land needed for right-of-way as depicted on the Comprehensive Transportation Plan shall be dedicated at the time of final plat for approval, unless such dedication is waived by the Town Council or the subdivision/site plan is classified as an “exempt” subdivision/site plan. The amount of land to be dedicated shall be based upon the requirements listed in the Comprehensive Transportation Plan.

(11)       Transportation development fees shall be paid in accordance with the provisions of Section 7.11 of this Ordinance. Developers may attempt to enter into a developer agreement for thoroughfare improvements in accordance with Section 7.11.16 of this Ordinance. Each firm entering into such a developer agreement shall, prior to final plat approval, furnish the Town with financial security in the form of cash or an irrevocable letter of credit guaranteeing fulfillment of the firm’s portion of the thoroughfare improvements agreed upon in the developer agreement. When the Town participates in the cost of thoroughfare improvements through a developer agreement, as described in Section 7.11.16, or through some other means, the Engineering Department shall review the bidding procedure to ensure conformity with all requirements for public contracts. The bids shall be publicly opened at Town Hall. The successful bidder shall be required to furnish an irrevocable letter of credit or cash guaranteeing fulfillment of the contract. The contractor shall furnish the Engineering Department with copies of periodic estimates of completion of work, proof of payment for such estimates, and such other records as may be requested by the Engineering Department to determine the cost of construction.

(B)        Curbs and Gutters

Curbs and gutters shall be installed prior to final plat approval in accordance with adopted Town policy and the Town’s Standard Specifications and Details Manual. Curbs and gutters may be a combination curb and gutter or median curb and gutter.

(C)        Storm Drainage

(1)        Developments shall comply with the requirements set forth in Sections 7.4, Soil Erosion and Sedimentation Control, and 7.5, Flood Damage Prevention, of this Ordinance and the following standards:

(a)        No surface water drainage from the subdivision shall empty into a sanitary sewer.

(b)        The size, design, and construction of drainage structures shall conform to the requirements set forth in the Town’s Standard Specifications and Details Manual.

(c)        Where a development is traversed by a watercourse, drainage way, channel, or stream, a stormwater or drainage easement shall be provided which substantially conforms with the lines of such watercourse, plus additional width that is adequate and necessary to convey expected storm flows and/or stormwater drainage facilities. Streets paralleling such easements may be required in connection therewith. Lakes, ponds, creeks, and similar areas will be accepted for maintenance by the Town only if sufficient land is dedicated as a public recreation areas or park or if such area constitutes part of the stormwater drainage control system.

(d)        The Town shall accept no responsibility to maintain any storm drainage structures, except for those lying within a Town right-of-way or traversing Town-owned property. However, the Town may be requested to provide limited maintenance of stormwater impoundments located in the Swift Creek watershed, in accordance with the Policy Statement entitled “Impoundment Maintenance Swift Creek Watershed,” as may be amended from time to time by the Town Council. The Town also may be requested to furnish labor and equipment to assist in the maintenance of storm drainage structures, in accordance with Policy Statement No. 35 (Storm Drainage System Petitions), as may be amended from time to time by the Town Council.

(D)        Sidewalks

Sidewalks shall be installed along streets prior to final plat approval in accordance with Section 7.10, Connectivity, and the requirements set forth in the Town’s Standard Specifications and Details Manual. However, sidewalks shall not be required along residential streets where a pedestrian system internal to the block, serves, connects, and provides access to each lot along the street.

(E)        Utilities

(1)        Water mains, sanitary sewers, and functional fire protection systems shall be installed by the subdivider prior to the final plat approval and in accordance with adopted Town policy and the Town’s Standard Specifications and Details Manual. When Town water and sanitary sewer lines are available, or will be made available to within three hundred (300) feet of any subdivision within four (4) months after preliminary plan approval, the subdivider shall connect to the Town utilities.

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(2)        All electrical and telephone lines shall be installed underground, except in situations where such placement is prohibited or deemed impractical by the utility provider.

(3)        Easements shall be provided for utility activities which shall include, but not limited to, the installation, inspection, replacement, repair, operation and/or maintenance of such facilities and related appurtenances as may be necessary for the transmission of water and/or wastewater. Where necessary, easements shall be centered along or adjacent to lot lines to the greatest extent practicable. Easements shall be sized in accordance with the Town’s Standard Specifications and Details Manual. Ground covers or grasses may be planted within an easement. No trees or shrubbery of any size shall be placed within any Town utility easement because of the need for access by utility maintainers and line damage that tree and shrub roots can cause. Fences and landscaping improvements installed within the easement are subject to disturbance or damage during the Town’s use of the easement and may be removed if the Town needs access for maintenance or utility line repair.

(4)        All permitted and special uses shall be connected to and served by public water and sanitary sewer facilities; however, uses in the R-80 zoning district may be served by private wells and/or septic systems. Uses proposed in new subdivisions within the R-40 zoning district shall be connected to public water and sanitary sewer facilities unless exceptions are granted by the Town Council. In some cases, the Planning Director may grant an exception to allow the use of private wells and/or septic systems for uses within other zoning districts provided that the anticipated water and/or wastewater requirements are minimal and that all County governmental agencies have approved the proposed use to operate with a private well and/or septic system.

(5)        Where connection to public water and sanity sewer systems is required, such systems shall be constructed to Town standards, sizes, and specifications and dedicated to the Town for operation and maintenance, thus allowing for the orderly expansion of the Town, its water systems, fire protection services, and sanity sewer systems which protect the health of the citizens of the Town and its environs.

(F)        Street Signs

Street name signs that comply with the standards set forth in the Town’s Standard Specifications and Details Manual shall be placed at all street intersections. The subdivider or developer shall install the signs or shall pay the Town to install the signs, prior to the final plat approval. Street signs shall not be included in the improvements described in Section 8.1.5 below for which cash or an irrevocable letter of credit may be submitted in lieu of the completed improvements. The subdivider or developer shall be required to replace or repair any street sign that is damaged during construction.

(G)        Street Lights

The property owner or developer shall install street lighting along all proposed streets, public and/or private, and along all existing streets that adjoin the property, in accordance with Policy Statement No. 13 (Street Lighting), as may be amended from time to time by the Town Council.

(H)        Easements

No part of any structure, permanent equipment, private utility line (including water, irrigation, and sewer lines) or impoundment may be placed, and no grading may occur within any Town of Cary easement prior to obtaining full site plan approval, a building permit, or an encroachment agreement from the Engineering Department. An encroachment agreement may allow fences to cross easements provided that appropriate access gates have been installed to allow maintenance. Any application for an encroachment agreement must include plans to facilitate access and maintenance of the utility, and must include any documentation which the Town needs to determine that no damage will occur to the utility. The Town will not be held liable for damage to any encroachment during maintenance to the utility.

8.1.5     Payment of Fees in Lieu or Required Improvements

(A)        Any owner or developer who is required to dedicate or install off-site improvements pursuant to Section 8.1.4 above may make a payment of fees in lieu or such improvements, or part thereof, provided that the Town Council or Planning and Zoning Board approves such, as part of approving the site plan, upon determining that such improvements are not necessary or desirable at the time but will be needed in the future. This section shall not apply, however, to street improvements, which are governed by the fee provisions in Section 8.1.4(A).

(B)        The amount of any such payment shall be one hundred (100) percent of the actual installation and construction cost of such improvements, as estimated by a registered professional engineer selected by the applicant and approved by the Town Engineer. The amount paid for a given street frontage shall be considered total and complete payment for the improvements considered, and shall preclude the Town for assessing that frontage for additional fees in the event that the Town elects to install such improvements along that frontage at a later date.

(C)        Such payment shall be obligated by a letter of agreement executed by the owner or developer prior to the issuance of any environmental permit or building permit pursuant to an approved site plan, whichever is earlier. Full payment shall be made before the Engineering Department may issue any Certificate of Occupancy for any use covered by the site plan.

8.1.6     Restrictions on Certificate of Occupancy

In addition to the requirements of Section 8.1.8, a Certificate of Occupancy shall not be issued, and a building or structure shall not be occupied, until and unless all dedications and improvements required by this section have been installed in a satisfactory manner and approved by the Town.

8.1.7     Timing and Inspection of Improvements

(A)        Fire Protection

Functional fire protection shall be provided to the site before any combustible materials are placed on the site.

(B)        Level Required for Final Plat Approval

The final plat shall not be approved until and unless either of the following has occurred:

(1)        The developer or subdivider has installed all improvements in accordance with the requirements of this section and the approved preliminary plat; or

(2)        The developer or subdivider has installed sufficient improvements to provide functional fire protection (with adequate street access and water supplies for fire-fighting equipment), has provided the Town with a schedule for the completion of the remaining improvements, and has provided the Town with case, or an irrevocable letter of credit with the Town, in an amount equal to one and one-half  (1 ½ ) times the estimated cost of the required improvements remaining to be installed, as determined by the Engineering Department, with acceptable sureties guaranteeing the installation of the required improvements. With regard to the construction of thoroughfare improvements required by this Section, the construction of which could be delayed because either the new thoroughfare section would not be accessible for present use, the connecting thoroughfare sections have not been completed, utilities need to be relocated prior to construction of improvements, or other reasons, the amount of the cash, or irrevocable letter of credit shall equal two and one-half (2½) times the estimated cost of constructing the thoroughfare section, as determined by the Engineering Department.

(C)        Level Required for Certificates of Occupancy

The Inspections and Permits Department shall issue no Certificates of Occupancy for development within the subdivision until the Engineering Department verifies that the developer or subdivider has installed all improvements in accordance with the requirements of this Section and the approved preliminary plat. All such improvements must be functional and under the one (1) year warranty period for maintenance. Certificates of Occupancy may be issued even though minor deficiencies and defects remain to be cured, provided that:

(1)        Such defects or deficiencies do not render the improvements dysfunctional;

(2)        The improvements that have been installed provide the full level of fire protection proposed for the subdivision and the improvements are under the one (1)-year warranty period for maintenance;

(3)        The developer or subdivider has provided the Town with cash, or an irrevocable letter of credit with the Town, in an amount equal to one and one-half (1½) times the estimated cost of the required improvements remaining to be installed, as determined by the Engineering Department, with sureties guaranteeing the installation of the required improvements. With regard to the construction of thoroughfare improvements required by this section, the construction of which could be delayed because either the new thoroughfare section would not be accessible for present use, the connecting thoroughfare sections have not been completed, utilities need to be relocated prior to construction of the improvements, or other reasons, the amount of the case, or irrevocable letter of credit shall equal two (2) times the estimated cost of constructing the thoroughfare section, as determined by the Engineering Department.

(D)        Inspection

(1)        Prior to approval of the final plat or the issuance of any Certificates of Occupancy, the Engineering Department shall inspect all improvements for conformance with the requirements of this Ordinance and the approved plats. The Engineering Department shall have sixty (60) days after the applicant has requested an inspection to inspect and certify the improvements as being constructed in accordance with the requirements of this Ordinance and the approved plats, or to provide the applicant with a list specifying all defects, deficiencies, and required repairs.

(2)        The installation of improvements shall in no case bind the Town to accept any such improvements for public maintenance or operation thereof, until the Engineering Department, in accordance with this Section, has inspected and accepted the improvements as meeting all applicable requirements.

(E)        Correction of Defects and Deficiencies

Any such list of defects, deficiencies, and required repairs may be delivered to the applicant in person or by mail, and shall require that the defects and deficiencies stated therein shall be satisfactorily corrected within sixty (60) days of the date the list was mailed. If the applicant fails to correct all defects and deficiencies and to make all required repairs within the sixty (60) day period, then the necessary improvements and repairs may be completed by the Town at the expense of the applicant, using funds from any guarantees provided by the applicant.

(F)        Completion of Work and Release of Guarantee

The Town reserves the right to hold building permits or Certificates of Occupancy and withhold subdivision and/or site plan approvals until the improvements have been completed and accepted.

Upon completion of the required improvements, the applicant may apply to the Director of Engineering for a certificate of completion and discharge of any guarantee provided above. If the Director of Engineering finds that the improvements conform to the requirements of this Ordinance, the approved site pan, and any minor changes to the approved site plan granted by the Planning Director pursuant to Section 3.10.9 of this Ordinance, then the Engineering Department shall issue such certificate and release the guarantee or, where some work covered by the guarantee remains to be completed, that portion of the guarantee covering the work that has been satisfactorily completed.

(G)        Connection of New Streets to Streets within Existing Developments

The opening of new street connections to existing streets within adjacent developments shall take place in accordance with Section 3.9.3 and this section of this Ordinance. Under certain conditions, such as the impact on an adjacent existing subdivision, the Director of Engineering or Town Council may delay the connection of the new street up to seventy-five (75) percent of the total number of Certificates of Occupancy have been issued within the new development boundary as identified with the associated subdivision/site plan. The decision to delay the connection must consider whether the delay will result in a public safety issue.

(H)        Construction Traffic; Use of Alternative Routes

Construction traffic from the development of new subdivisions and/or site plans may be required to use a reasonable alternative route until seventy-five (75) percent of the total Certificates of Occupancy have been issued within the new development boundary as identified with the associated subdivision/site plan. If no reasonable alternative route exists, existing public streets may be used (e.g., infill projects, etc.).

8.1.8     Final Acceptance of Improvements for Town Maintenance

(A)        Limit on Number of Building Permits and Certificates of Occupancy Prior to Total Acceptance

The Inspections and Permits Department shall issue no Certificates of Occupancy until the utility improvements are under the one (1)-year warranty period for maintenance. The Inspections and Permits Department shall issue building permits and/or Certificates of Occupancy for no more than seventy-five (75) percent of the lots in a development prior to complete and final acceptance by the Town. The Engineering Department may waive either of these building permit and/or Certificate of Occupancy limits if this threshold is met during the initial warranty period.

(B)        The developer or subdivider shall notify the Engineering Department at the time that the improvements to be routinely maintained by the Town are ready for the one (1)-year warranty inspection. If the Engineering Department determines that the installed improvements meet all applicable Town standards, including those in the Town’s Standard Specifications and Details Manual and the developer or subdivider submits a financial guarantee based on a price schedule provided by the Engineering Department, then a one (1)-year warranty period begins, during which the Town shall provide routine maintenance of the improvements. At the end of the one (1)-year warranty period, the applicant shall request the Engineering Department to conduct a final inspection of the improvements for acceptance by the Town. The Engineering Department shall have sixty (60) days after the date of such request in which to either accept the improvements or provide the applicant with a list of required repairs to the improvements. Upon acceptance of the improvements, including any needed repairs to the improvements that the Engineering Department shall deem necessary during any of its inspections, the Town shall accept full maintenance responsibility for the improvements and shall release the financial guarantee. If the developer or subdivider fails to make such required repairs within six (6) months, then the Town may draw on the financial guarantee in order to perform the required repairs itself.

8.2 SUBDIVISIONS

8.2.1     General Design Standards

All subdivision plans submitted under Section 3.9 of this Ordinance, and all uses for which site plans are submitted, shall meet the following standards before they may be approved by the Town Council or Planning Director.

8.2.2     Applicability

(A)        Overview of Requirements

The following dedications and improvements shall be installed prior to the approval of the final plat for a subdivision, in accordance with the requirements and standards of this section.

(Delete Table 8.1-1.)

8.2.3     Dedication Land for Parks and Greenways

(A)        General Provisions

The subdivider of land for residential or non-residential purposes shall be required to dedicate a portion of land or pay a fee in lieu thereof, for public park and/or greenway development, to serve the recreational needs of the residents of the subdivision or development. The dedication of land shall consist of two (2) categories: parks and greenways.

(1)        Park Dedication

Lands dedicated for public park development shall be based on any residential development of four (4) or more units (see the provisions of the Condominium Act, N.C. Gen. Stat. Chapter 47c). Developers shall dedicate a portion of such land or pay a fee in lieu thereof, in accordance with this section for public park development, to serve the recreational needs of the residents of the subdivision or development.

(2)        Greenway Dedication

Lands granted for public greenway development will be required for both residential and non-residential development for those locations recommended in the most recently approved Town of Cary's Parks, Recreation and Cultural Resources Facilities Master Plan for park and greenway development (or any proceeding plan addendum's).

(3)        Multi-Family Dwelling Units

Multi-family dwelling units do not have to comply with the park land dedication requirements unless they are constructed for the purposes of sale to individual owners. These dwellings are required to address greenway dedication as well as reserve open space for use in the development based on the requirements of this section.

(B)        Amount of Park Land to be Dedicated

(1)        General Requirement

At least one-thirty-fifth (1/35) of an acre shall be dedicated for each traditional single-family dwelling unit planned or proposed in the subdivision plat or development, except that any land to be so dedicated that lies within the Flood Hazard Area or that has slopes greater than fifteen (15) percent shall be dedicated at a rate of at least one-twentieth (1/20) of an acre per dwelling unit.

(2)        Planned Developments

(a)        For planned developments, the lands dedicated under this section may be credited toward the open space, park, and recreation land requirements set forth in Section 8.2.4 of this Ordinance. Planned Developments shall dedicate public park lands in accordance with Table 8.2-1 below.

(b)        Innovative combinations of land dedication and actual development of public recreation facilities for dedication may be proposed for consideration and are subject to the approval of the Town Council. The Town must receive at least equal value in facilities and land as the value of the land required for dedication as specified above.

(c)        The Town will review the proposed dedication to assure compliance with the park type(s) recommended by the currently approved master plan for the geographic area of the planned development.

(d)        If existing Town of Cary park land exists adjacent to the development, the Town may determine that a smaller tract of land than that which meets the standards above may be dedicated adjacent to the existing park land, in order to create a larger single Town park site. In situations where such adjacent dedications are made, the developer will be required to pay a fee in lieu or any remaining dedication requirement in accordance with this section. The improvements must conform to Town standards, specifications and time of dedication as identified in the approved planned development master plan map and application.

(e)        If additional residential development is proposed for a previously approved planned development, the following provisions shall apply:

1.         Planned Developments (PDs) approved prior to October 28, 1993: Any land added to the Planned Development shall be treated as a new PD for the purposes of calculating the land dedication requirements.

2.         PDs approved on or after October 28, 1993, will not be required to dedicate any additional land.

(C)        Nature of Park Land to be Dedicated

Except as otherwise required by the Town Council at the time of preliminary plat approval, all dedications of land shall meet the following criteria. These criteria should be considered general guidelines to ensure that the dedication of land is suitable for park development.

(1)        Unity

The dedicated park land shall form a single parcel of land, except where the Town Council determines that two (2) or more parcels would be in the best interest of the public, given the type and distribution of open spaces needed to adequately serve the proposed development. In such cases, the Town Council may require that such parcels be connected by a dedicated strip of land at least thirty (30) feet in width.

(2)        Usability

At least fifty (50) percent of the total park land dedicated, which is intended primarily for active recreational use, shall be located outside the Flood Hazard Area, alluvial soils, lakes, or other water bodies, and areas with slopes greater than fifteen (15) percent, and at least seventy-five (75) percent of the total land dedicated shall be located outside of wetlands subject to Federal or State regulatory jurisdiction. Lakes, ponds, creeks, or other water bodies, and wetlands falling under the jurisdiction of state or federal agencies as indicated in Section 7.4, Soil Erosion and Sedimentation Control, and Section 7.5, Flood Damage Prevention, of this Ordinance, may be dedicated only if sufficient abutting land is dedicated as a public recreation area or park or if such area constitutes a necessary part of the drainage control system. Land dedicated only for greenways need not follow the requirements of this subsection.

(3)        Shape

The shape of the portion of the dedicated park land that is deemed suitable for active recreation shall be sufficiently square or round to be usable for any or all recreational facilities and activities, such as athletic fields and tennis courts, when a sufficient amount of land is dedicated to accommodate such facilities. Land dedicated only for greenways need not follow the requirements of this subsection.

(4)        Location

The dedicated park land shall be located so as to reasonably serve the recreation and open space needs of residents of the subdivision or planned development, and to comply with the Town's Parks , Recreation and Cultural Resources Facilities Master Plan. The dedicated park land may be located outside of the residential development in order to comply with the currently approved Town's Parks, Recreation and Cultural Resources Facilities Master Plan, to add property to existing park land, or to combine land dedication efforts with those of other developments.

(5)        Access

Public access to the dedicated park land shall be provided either by adjoining public street frontage or by a dedicated public easement, at least sixty (60) feet wide, which connects the dedicated land to a public street or right-of-way. Gradients adjacent to existing and proposed streets shall allow for reasonable access to the dedicated land. Where the dedicated land is located adjacent to a street, the developer or subdivider shall remain responsible for the installation of utilities, sidewalks, and other improvements required along that street segment. Public access to greenway dedications only shall be at least twenty (20) feet wide.

(6)        Topography

The average slope of the portion of dedicated land deemed usable for active recreation shall not exceed the average slope of the entire subdivision or planned development to be developed. In no case shall a slope on the usable portion of dedicated land exceed fifteen (15) percent.

(7)        Dedication of Lakes

The subdivider or developer may propose to include an existing or proposed lake as part of a park dedication. The dedication of such lake should meet the following criteria, and will be subject to the approval of the Town Council:

(a)        It shall be a minimum of ten (10) acres in size. The average width of the lake should be not less than one-third (¹/₃) of its average length.

(b)        Its construction shall comply with the latest versions of Stormwater Best Management Practices and Dam Operation and Safety Manual by the North Carolina Department of Environmental and Natural Resources.

(c)        The land surrounding and adjacent to the lake shall be dedicated to the Town, at a minimum width of one hundred (100) feet.

(d)        The lake dam shall not be utilized to support a public or private street.

(D)        Dedication of Greenway Land

(1)        Easement dedication for greenway purposes is a separate requirement from parkland dedication, though the land dedicated for greenway purposes may be counted towards park land dedication requirements.

(2)        Locations of proposed greenways will be based on the currently approved Town's Parks, Recreation and Cultural Resources Facilities Master Plan.

(3)        If the currently adopted master plan for the Town of Cary indicates a future greenway through a proposed development, whether residential or non-residential, a strip of greenway land through this area shall be dedicated to the Town, at a minimum of thirty (30) feet, but not to exceed fifty (50) feet in width.

(E)        Procedure for Dedication of Park Land and Greenway Land

The dedication of such land shall be reviewed and approved as part of the preliminary plat or, in the case of planned development, the master plan. The subdivider shall designate on the preliminary subdivision plat and the master plan, if any, the area or areas of land to be dedicated pursuant to this section. Where wetlands falling under the jurisdiction of State or Federal agencies have been certified to exist on the property, the preliminary subdivision plat or the master plan shall also identify the boundaries of such wetlands. Upon receipt of the preliminary subdivision plat or the master plan, the Planning Director shall submit a copy thereof to the Director of Parks, Recreation and Cultural Resources for review by the Parks, Recreation and Cultural Resources Advisory Board. This board shall submit any and all recommendations concerning the land to be dedicated to the Planning and Zoning Board and/or the Town Council. If the development in consideration is to be approved administratively, the recommendation of the Director of Parks, Recreation and Cultural Resources shall be submitted to the Planning Department.

(F)        Submission of Deed and Survey

Unless otherwise stipulated in a planned development master plan, an executed general warranty deed conveying the dedicated land to the Town of Cary, and a reproducible paper boundary survey, shall be submitted no later than two (2) years after the approval of a phase's preliminary plat, or by the time that fifty (50) percent of the Certificates of Occupancy for that phase have been issued, whichever is earlier. The Town Council may grant an extension of time after the initial two (2) years after subdivision plat or master plan approval has elapsed.

(G)        Reserved Land

Planned Developments with more than seven hundred (700) approved residential units may be required by the Town Council to reserve a maximum of ten (10) acres in addition to the dedication requirements in Section 8.2.3(B) for purchase by the Town as park land. This land shall remain reserved until such time as fifty (50) percent of the Certificates of Occupancy are issued for residential units approved in the initial Master Land Use Plan for the Planned Development unless otherwise approved by the Town Council. For Planned Developments existing on October 28, 1993, any additional land added to the Planned Development shall be treated as a new Planned Development for the purposes of calculating the land dedication requirements.

Except as otherwise approved by Town Council, the reserved land shall meet the following criteria:

(1)        Location

The reserved land shall be contiguous with any non-flood plain portion of the dedicated park land; and

(2)        Usability

The total reserved tract shall be outside the Flood Hazard Area, alluvial soils, lakes and other water bodies, and wetlands subject to Federal or State regulatory jurisdiction, and shall not include Urban Transition Buffers; and

(3)        Shape

The reserved land shall comply with the requirements of Section 8.2.3(C)(3); and

(4)        Topography

The reserved land shall comply with the requirements of Section 8.2.3(C)(6).

(H)        Purchase Price of Reserved Land

The Town may purchase all or any portion of the reserved land. The purchase price shall be based upon the value of the land on the date the Master Land Use Plan is approved by the Town Council. Any disagreements as to the purchase price between the Town and the planned unit development applicant shall be resolved in the same manner as payment-in-lieu disputes according to the procedure found in Section 8.2.4(E).

8.2.4     Payments of Fees in Lieu of Land Dedication

(A)        General

The payment of fees, in lieu of the dedication of land under Section 8.2.3 above, may occur at the request of the subdivider or developer. The payment of fees in lieu of land dedication also may be required by the Town Council at the time of preliminary plat approval, or master land use plan approval in the case of a Planned Development, upon finding that all or part of the land required to be dedicated under Section 8.2.3 is not suitable for public recreation and open space purposes, or upon finding that the recreational needs of the proposed development can be met by other park, greenway, or recreational facilities planned or constructed by the Town within reasonable proximity to the development, or upon finding that existing park land is adequate to serve the development.

(B)        Procedure for Approval

The payment of such fees in lieu of land dedication shall be reviewed and approved as part of the preliminary plat or, in the case of Planned Development, the master land use plan. Any subdivider or developer wishing to make such payment shall attach to the application for preliminary plat approval, or the application for approval of the master land use plan for a Planned Development, a letter requesting the payment of fees in lieu of land dedication. Upon receipt of the preliminary subdivision plat or the master land use plan, the Planning Director shall submit a copy thereof, along with the letter, to the Director of Parks, Recreation and Cultural Resources for review by the Parks, Recreation and Cultural Resources Advisory Board. The Parks, Recreation and Cultural Resources Board shall submit any and all recommendations concerning the payment of fees in lieu of dedication to the Planning and Zoning Board. In the event of a dispute between an applicant who wants to make payment in lieu, and a recommendation by the Parks, Recreation and Cultural Resources Board that facilities should be provided, the Town Council shall make the final determination.

(C)        Time of Payment

The fees in lieu of dedication shall be paid prior to recording any lot(s) in the subdivision to which the fees relate.

(D)        Amount of Payment

(1)        Where the payment of cash to the Town is to be made in lieu of dedication of land as permitted by this section, the subdivider/developer shall provide to the Town, at the subdivider/developer's cost/expense, a current written appraisal of the fair market value of the land to be annexed, zoned, platted, or developed, as the case may be.

(2)        Each appraisal shall be performed by a North Carolina licensed real estate appraiser.

(3)        The Parks, Recreation and Cultural Resources Director may waive the requirement of an appraisal where the subdivider/developer provides to the Town documentation evidencing the fair market value of the subject property, which in the opinion of the Parks, Recreation and Cultural Resources Director reasonably estimates the land's fair market value.

(4)        The appraisal or documentation of the land's fair market value, along with other evidence that, in the Town's opinion, aids in the determination of fair market value, may be used in the determination of the amount of any payment in lieu of land dedication permitted by this section.

(5)        Nothing in this section shall limit or preclude the Town Council from requiring a written appraisal notwithstanding a waiver of the appraisal requirement granted by the Parks, Recreation and Cultural Resources Director.

(E)        Disagreements As To Amount

In the case of disagreement between the Town and the applicant regarding the fair market value of the property, such determination shall be made by a special appraisal committee consisting of one (1) professional appraiser appointed by the Town Manager, one (1) professional appraiser appointed by the applicant, and one (1) professional appraiser appointed by the first two (2) committee appointees. This committee shall view the land and hear the contentions of both the Town and the applicant. The findings of the committee shall be by a majority vote and shall be certified to the Town Council in writing within thirty (30) days of the date the third member is appointed to the committee. The costs of the appraiser appointed by the applicant shall be borne entirely by the applicant; the Town shall bear all other costs associated with the committee.

(F)        Use of Funds

All monies received by the Town pursuant to this section shall be used only for the acquisition or development of parks, greenways, open space sites, and related facilities, and in accordance with Policy Statement No. 65 (Recreation Payment-in-Lieu Funds for Parks and Greenways), as may be amended from time to time by the Town Council.

8.2.5     Private Open Space [Reserved]

8.2.6     Improvements

(A)        Monuments and Markers

(1)        Permanent concrete monuments four (4) inches in diameter or square, and three (3) feet long, shall be placed at no fewer than two (2) corners of the subdivision. Additional monuments shall be placed where necessary so that no point within the subdivision lies more than five hundred (500) feet from a monument. Two (2) or more of the required monuments shall be designated as control corners. The top of each monument shall have an indented cross, metal pin, or metal plate to properly identify the location of the point. All monuments shall be shown on the final plat.

(2)        At least one (1) corner of the property surveyed shall be designated by course and distance (or tie) from a readily discernible reference marker. If a corner is within 2,000 feet of a United States Coast and Geodetic Survey station or a North Carolina grid system coordinated monument, then that corner shall be marked with a monument so designated and shall be accurately tied to this station or monument by computed "X" and "Y" coordinates. These coordinates and the location of the monument shall appear on the subdivision plat, to an accuracy of 1:20,000, along with a statement identifying the reference station or monument. Where such a reference station or monument is not available, the tie shall be made to some pertinent and readily recognizable landmark, point, physical object, or structure.

(3)        All lot corners, all points where street lines intersect the exterior boundaries of the subdivision, all angle points, and all points of curvature in each street shall be marked with galvanized pipe which is no less than three-fourths (¾) of an inch in diameter and no less than thirty (30) inches long, driven so as to be two (2) inches above the finished grade.

(B)        Blocks

(1)        Blocks shall be laid out with due regard to the type of use to be established within the subdivision.

(2)        Block lengths shall not exceed 1,500 feet, and shall be no less than five hundred (500) feet.

(3)        Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depth, except where otherwise required to separate residential development from through-traffic.

(4)        Pedestrian ways or crosswalks, no less than ten (10) feet in width, shall be provided near the center and entirely across any block which is nine hundred (900) feet or more in length where necessary to provide adequate pedestrian circulation or access to schools, churches, retail stores, personal service establishments, or transportation facilities.

(C)        Lots

(1)        General Requirements

(a)        The size, shape, and location of lots shall be established with due regard to topographic conditions, contemplated uses, and the character of the surrounding area.

(b)        Lot sizes and building setback lines shall conform to the minimum lot area, minimum lot width, and minimum yard requirements set forth in this Ordinance for the zoning district in which the subdivision is located.

(c)        Lots that front on more than one (1) street, other than corner lots, shall be avoided to the maximum extent possible.

(d)        Side lot lines shall be substantially at right angles or radial to street lines.

(e)        Property lines at street intersections shall be rounded, with a radius of at least twenty (20) feet; a greater radius may be required by the Town Council as part of its approval of the preliminary plat.

(f)         The width of the lot at the street right-of-way line shall be a minimum of twenty (20) feet to accommodate all driveways, drainage facilities, and utilities in accordance with the Town's Standard Specifications and Details Manual.

(2)        Flag Lots

The Town of Cary discourages and restricts the creation of flag lots. A flag lot shall be permitted if necessary to allow a property owner reasonable use and benefit of a parcel of land or to alleviate situations, which would otherwise cause extreme hardship for the owner. Flag lots are prohibited except:

(a)        Where necessary to eliminate access onto arterial streets or thoroughfares;

(b)        To reasonably utilize irregularly-shaped land;

(c)        To reasonably utilize land with severe topography;

(d)        To reasonably utilize land with limited sites suitable for septic tank nitrification fields and/or;

(e)        To provide for the protection of significant natural or cultural resources.

No flag lot will be allowed if it increases the number of access points onto a major thoroughfare. Existing subdivisions shall not be re-subdivided to create flag lots.

A note must be placed on any plat for recording flag lots noting that no public rear-yard garbage pickup will be provided for houses located more than one hundred twenty-five (125) feet from a public street.

Use of a single driveway, granted through an easement to serve adjoining flag lots or to serve a flag lot and an adjoining conventional lot, is permitted and encouraged to reduce access points on public streets.

Delete Image: Permanent Dead-End Streets or Cul-de-Sacs

8.3 USES REQUIRING SITE PLANS

8.3.1     General Design Standards

All site plans submitted under Section 3.9 of this Ordinance, and all uses for which site plans are submitted, shall meet the following standards before they may be approved by the Town Council or the Planning Director.

8.3.2     Private Open Space

The developer of each residential development requiring development approval shall set aside at least five hundred (500) square feet of open space for each dwelling unit. Such open space shall meet the standards of this section:

(1)        Locational Criteria

To the maximum extent feasible, where significant natural and scenic resource assets exist on a property, the developer shall give priority to their preservation through public park or greenway dedication or as private open space. In reviewing the location of private open areas, the Planning Director shall use all applicable plans, maps, and reports to determine whether significant resources exist on a proposed site that should be protected, with priority being given to the following areas (which are not listed in a particular order):

(a)        Wetlands;

(b)        Flood Hazard Area;

(c)        Lakes, rivers, and stream/UTB corridors;

(d)        Wildlife migration corridors; and

(e)        Steep slope areas.

(2)        The Following Shall Not Be Counted Towards Private Open Space Areas:

(a)        Private yards;

(b)        Public or private streets or rights-of-way;

(c)        Open parking areas and driveways for dwellings;

(d)        Land covered by structures; and

(3)        Use of Private Open Space

Private open space shall not be disturbed, developed, or improved, with any structures or buildings, except for the limited purposes allowed below.

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