ARTICLE IX.
SUBDIVISION STANDARDS

Summary:  This Article sets forth standards, in addition to those found elsewhere in this chapter, for the subdivision of land with in the jurisdiction of the Town of Waynesville.  These provisions are authorized by NCGS ? 160A-371 to 160A-376.

TABLE OF CONTENTS

SECTION

154.500    Purpose/Applicability
154.501    Design Standards
154.502    Guarantees
154.503-154.599   Reserved  

154.500 PURPOSE/APPLICABILITY.

(A) Purpose.
•  The purpose of this article is to establish criteria for the development and subdivision of real property within the jurisdiction of the Town of Waynesville.  These standards shall be applied, in addition to other relevant sections of this chapter when a subdivision of property is proposed to achieve the purposes set forth in this section.
•  These standards are set forth to promote the orderly growth and development of the Town of Waynesville.
•  These standards are set forth to provide for suitable residential and nonresidential subdivisions with adequate streets and utilities and appropriate building sites.
•  These standards are set forth to provide for the coordination of streets within subdivisions with existing or planned streets and with other public facilities.
•  These standards are set forth to provide proper utilities for subdivided property.

(B) Applicability.
•  From and after the adoption of this chapter, no real property lying within the jurisdiction of the Town of Waynesville shall be subdivided except in conformance with all applicable provisions of this section and the procedures set forth in Sec. 154.081.
•  In addition, after the effective date of this chapter, no plat for subdivision of land within the jurisdiction of this chapter shall be certified for recording by the planning department, nor shall the Register of Deeds record any plat until it has been submitted and approved in accordance with the provisions of this section. 
•  For the purposes of this chapter, ?subdivision? shall mean all divisions of a tract or parcel of land into two (2) 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 new streets or a change in existing streets.
•  However, the following are not included within this definition nor are they subject to the regulations of this section, provided however, that any document or plat to be recorded pursuant to any such exclusion shall bear the notation, ?Exempt pursuant to the Town of Waynesville Land Development Standards,? and the signature of a member of the planning staff before being presented for recordation. 
 The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the land development standards of the town.
 The division of land into parcels greater than ten (10) acres in size where no street right-of-way dedication is involved.
 The public acquisition by purchase of strips of land for the widening or opening of streets.
 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 where the resultant lots are equal to or exceed the land development standards of the Town of Waynesville.
 The conveyance to lineal descendants for the purpose of dividing real estate among said lineal descendants.  At such time that any lineal descendants or their successors in interest develop or building upon their respective property, the property must conform in all respects to the regulations of the Town of Waynesville.

154.501 DESIGN STANDARDS.

(A) Improvements.
•  All proposed improvements in the development of a subdivision shall comply with the relevant standards set forth in this chapter.
•  Upon approval of the preliminary plat, the subdivider may proceed with the installation or arrangement for streets, utilities, and other improvements as required. 
•  Prior to approval of a final plat, the subdivider shall have installed improvements specified in this chapter or guaranteed their installation as provided in Sec. 154.502.

(B) Design Standards.
•  Where land to be subdivided is found by the reviewing person or body, to be subject to the conditions of flooding, improper drainage, severe erosion, or slides or to have other characteristics which pose an ascertainable danger to health, safety, or property, the subdivider shall take those measures necessary to correct the conditions and to eliminate the dangers.
•  All subdivision lots must comply with the applicable standards for the land development district(s) in which the subdivision is located.

154.502 GUARANTEES.

(A) General.
•  In lieu of requiring the completion, installation and dedication of all improvements prior to final plat approval, the town may enter into an agreement with the subdivider whereby the subdivider shall agree to complete all required improvements. 
•  Once the agreement is signed by both parties and the required security is provided, the final plat may be approved by the planning department.

(B) Types of Guarantees.
•  To secure this agreement, the subdivider shall provide, subject to the approval of the Public Works Director and Town Attorney, either one or a combination of the following guarantees, not to exceed or be less than one hundred and twenty-five (125%) percent of the estimated cost of improvements. 

(1) Surety Performance Bond.
•  The subdivider shall obtain a performance bond from a surety bonding company authorized to do business in the State of North Carolina.
•  The bond shall be payable to the town in an amount equal to one hundred and twenty-five (125%) percent of the total cost of the remaining improvements, as estimated by the subdivider and approved by the Director of Public Works.
•  The duration of the bond shall be until such time as the improvements are accepted by the board of aldermen, but shall not exceed two (2) years from date of request. 
•  Extensions past two (2) years may be granted by the Director of Public Works at the request of the subdivider subject to new cost estimates and additional guarantees possibly being required.

(2) Cash or Equivalent Security.
•  The subdivider shall deposit cash or other instrument readily convertible into cash at face value either with the town or in escrow with a financial institution designated as an official depository of the town.
•  The use of any instrument other than cash shall be subject to the approval of the town manager and town attorney. 
•  The amount of deposit shall be equal to one hundred and twenty-five (125%) percent of the cost of the remaining improvements, as estimated by the subdivider and approved by the Director of Public Works. 
•  If cash, or other instrument, is deposited in escrow with a financial institution, the subdivider shall file with the town manager an agreement between the financial institution and the developer guaranteeing that:
 The escrow account shall be held in trust until released by the town manager, and may not be used or pledged by the subdivider in any other matter during the term of the escrow.
 In the case of a failure on the part of the subdivider to complete the improvements, the financial institution shall, upon notification by the town manager, immediately either pay to the town all funds in the account, or deliver to the town any other instruments fully endorsed or otherwise made payable in full to the town.

(C) Default by Subdivider.
•  Upon default, meaning failure on the part of the subdivider or surety to make timely completion of the required improvements, the board of aldermen may required the subdivider, the surety, or the financial institution holding the escrow account to pay all or any portion of the bond or escrow account fund to the town.
•  Upon payment, the board of aldermen, in its discretion, may expend such portion of the funds as it deems necessary to complete all or any portion of the required improvements.

(D) Release of Guarantee.
•  The town manager may release a portion of any security posted as the improvements are completed and recommended for approval by the Director of Public Works and the planning department. 
•  Within thirty-two (32) days after approval of all improvements by the appropriate authorized town official, the town manager may release the security guarantee. 

154.503-154.599 RESERVED.