4-9-2026 Agenda packet PBPERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street, Suite B
Roxboro, North Carolina
27573
PERSON COUNTY PLANNING BOARD
Person County Office Building, Room 215
MEETING AGENDA
April 9, 2026
7:00 P.M.
A.CALL TO ORDER
B.DETERMINATION OF QUORUM
1.Conflict of Interest
C.CONSIDERATION AND APPROVAL OF BOARD MINUTES
1.Minutes of March 12, 2026
D.CONSIDERATION OF ADDITIONS TO THE AGENDA
E.UNFINISHED BUSINESS
1.Petition TA 5-26 – Subdivision Regulations – Exempt Subdivision Update
i.Action: Initial discussion
F.HEARING ON CASES, IN THE ORDER THEY WERE RECEIVED
1.Petition TA 4-26 – Planning Ordinance – Public Notices and Hearings
i.Action: Continue to date certain
2.Planning Board Training
i.Action: N/A
G.ADJOURNMENT
PERSON COUNTY
PERSON COUNTY PLANNING BOARD MEETING MINUTES
Person County Office Building, Room 215
March 12th, 2026, 7:00 PM
CALL TO ORDER/DETERMINATION OF A QUORUM
Chair George established a quorum had been met and called the meeting to order at 7:00 pm.
ROLL CALL
Members Present: Chair George, Member Tanks, Member Wagstaff, Member Lynch, Member
Lester, Member Mcfarland
Member Absent: Member Allen
Staff Present: Planning Director Nish Trivedi, Planner Jay Jennings, Michie Brandon Planning
Technician and Board Recording Secretary
CONFLICT OF INTEREST AVOIDANCE REMINDER & DECLARATIONS
No member declared a conflict of interest.
APPROVAL OF MINUTES
Member George opened the portion of the meeting for approval of the Febraury 12, 2026. Member
George asked for actions and comments to be added to the minutes in the consolidation section,
TRC section and to review what was requested in the landscaping and buffer sections. Planning
Director stated he would review those sections for accuracy.
UNFINISHED BUSINESS
Member George requested that unfinished business be changed to new business. The Planning
Director stated he was following how it was outlined in the approved rules and procedures and
ensure consistency with the outline in them.
TA-4-26 – Planning Ordinance - Consolidation.
The Planning Director gave the presentation for the text admendment for initial public discussion.
Member Lester stated what is the difference between meeting verses hearings. The Planning
Director stated that all Planning Board meeting are public meetings where people are always
invited to and encouraged to comment, not formal hearings. Planning Board does not make
decisions so no legislative hearings. Their meetings are not quasie-judicial so no evidentury
hearing. The public can still attend meetings and comment at meetings but the meetings are not
considered public hearings for the Planning Board.
Planning Director provided examples of the very limited counties that allow hearings at advisory
board lebel, stated for clarification that Pender county does it for text amendments and map
amendments. Member Wagstaff asked what we do it for. The Planning Director stated that Person
county does it for text/map amendments, conditional rezonings, development agreements, and
vested rights.
Member George stated that text admendments are common and typically several items are all
bundled into one newspaper ad. Planning Director reminded them that even bundled, cost to the
county is per letter per occurance, not just number of amendments.
Member Lester stated if we pass this there will not be a ad in the paper. The Planning Director
confirmed this, adding that all meetings are public, posted on the County websites, calendar, and
packets made available through them.
Member George asked how will the public know. Planning Director reminded them of their
approved calendar, County website, packet publication. The planner stated the notice will still be
placed in the newspaper for the Board of Commsioner public hearings.
Member Lynch stated that right now landowners within 500’ will get a letter and a sign will be
placed out on the property. Member Lynch stated if I am reading this correctly that goes away.
The Planning Director stated no that 500’ notice letter would stay and the the sign would stay
because that is still required for all public hearings before the Board of Commissioners.
Member George stated that under Planning Board rules and procedures for the notice what member
Lynch stated has been struck out. The Planning Director stated to be consistent with the planning
ordinance because there are two separate sets the notices requirements become repetitive and are
similar enough they only need to be stated once. The Planning Director stated that the second set
of requirements for the mail notieces would be kept for clarity.
Member Lynch stated as long as those two requirements stay it seemed like adequate notice for
the affected property owners and interested property owners. Member Lynch requested that Staff
look into other forms to let the public know. Planning Director would follow up later on different
means of public engagement.
Member Lynch asked about the cost to the applicant. The Planning Director stated that the county
pays the fee to advertise right now. Member George stated why has that not been incorporated into
the application fee. The Planner stated the county has been paying all notice requirement fees and
that it has never been incorporated into the fee schedule. Member Lynch stated that should be
looked into.
Member George stated that she agreed with the applicant paying there own advertising then
decreasing the amount of public notice. The Planning Director stated this text amendment is
decreasing expenses and especially costs to the public, because NCGS does not require advisory
boards to conduct public hearings, only Governing Board are required to do them.
Member George stated that this is decreasing the amount of ways for the public to know about this
meeting. Planning Director clarifed, this only removes the small expensive legal add in the paper
for planning board’s hearings, all planning board meetings are on the County’s website, calendar,
and published packets continue to remain as does legal ad for the Commissioner’s public hearing.
Member George stated this will also give individuals more time to gather information to provide
for the Public hearing. The Planning Director reminded them that throughout the past several
months, out of all the text and map amendments, the only Planning Board public hearing were
public provided information was Hicks rezoning.
Member Wagstaff stated that the public participated in the solar text admendment. The Planning
Director stated that was before he had stated with the county. Member George stated just because
the public has not participated in 5 months does not mean that that was a good reason to decrease
the avenue for public participation. Planning Director reminded them he would bring back an item
on public participation and that they are also welcomed to encourage the public to attend the
Planning Board meetings.
Member Tanks stated she agreed with the text edits and agreed with member Lynch with the 500’
notice and sign. Member Lynch asked if this was passed how will things change for the Planning
Board. The Planning Director stated the only change would be cutting our advertising expense in
half, Planning Board meetings would continue, as would public comments. Member Lynch stated
for clarification that public hearings are required of the Governing Board which is the Board of
Commsioners whereas, the Planning Board is only required to hold a public meeting.
Member Mcfarland stated he was in support of the text admendment and that it would not be
economically friendly for development to require a applicant to pay the five hundred to six hundred
advertising fee.
Member Lynch stated what other avenues other than a newspaper ad can we use to let the public
know about meetings. The Planning Director stated that staff would do some research to bring
back to the Planning Board next week. Member Lynch stated that by offering a alternative that it
would help support the decision to stop the Legal ad for the Planning Board. The Planning Director
stated that staff would do some research to bring back to the Planning Board next week.
Member Lester stated how does staffing affect the legal ad. The Planning Director stated that time
goes into creating, proof reading and sending the ad to the newspaper and also making sure that
what is sent is what is posted in the paper. The Planner stated that there would be less room for
error by changing this process.
Member George asked how much time the ad takes and can the time be broken out on the different
steps of the ad process. The Planning Director stated he would bring back that information the
following meeting.
Member Lester asked if the change will take effect immediately. The Planning Director stated it
would not take affect until the commsioiners approved it.
Member Wagstff stated could we only do one ad. The Planner stated that could be the Planning
Boards recommendation but it would still be at the counties cost. Member Wagstff stated it may
be suspicious to residents if we remove the notice. Planning Director reminded them that their
meetings would still be public and comments would still be collected. Member George stated
especially with larger projects coming through. The Planning Director stated most large projects
are by right are done administratively and does not require going before the Planning Board.
Member George stated any development requiring a hearing. Planning Director reminded them
that the Ordiannce only requires hearings on text/map amendments, Conditional Districts,
Development Agreements and Vested Rights, not by-right. Special Use Permits are done by the
Governing Board.
Member James stated her support for the admendment, bringing the meetings into compliance,
saving staff time, and saving the county money.
Member Lynch stated that the first two 156-4, and 158-3 public notices require that the applicant
is responsible for the letter and placing the sign. The Planner stated he would go back and check
it.
The text admendment will be brought before the Board for action in April.
Public Hearing Petition TA-1-26 – Planning Ordinance - Consolidation.
The Planning Director presented the presentation for all three text amendments. The Planner stated
in terms for the consolidation that the County Attorney is requesting to match the state language
regarding each of the individual articles and that we do not use cross references. The Planner stated
that the footnotes will be removed as well.
Member George opened the portion of the meeting for discussion on TA-1-26 – Planning
Ordinance – Consolidation.
Member Lynch stated in the definitions, page 108, a date that was revisioned needs to be added.
Member George stated that the footnote on page 21 just states AR. The Planning Director reminded
them all footnotes would be removed. Member George stated that was not what we were given.
The Planning Director stated that County attorney’s recommendations were received yesterday as
presented on the slide.
Member George stated that that she had asked that the document be prepared converted to black
and white but the pdf still remains in color. The Planning Director reminded them they would not
be able to distinguish new text from old and that the final document will be in black and white as
it would only have the final approved text. Additionally, he would go back and check the footer.
Member George stated on pages 127 and 137 it is missing a footer and the rest of the document
there is a banner on the bottom. Member George stated in terms of consistency of formatting she
has some difficulties with this ordinance. Member Mcfarland stated that this seems to be clerical
errors that corrected later. The Planner stated he would correct them.
Member Wagstaff stated its just cometic changes.
Member George stated that it needed to be brought up due to them not being updated. Simalar to
the discussions of the UDO changes that were requested would never be added. Member George
stated that was were she was coming from.
Member Wagstaff stated that the cometic changes are not the ordinance and Member mcfarland
agreed as long as the content shows the changes.
Member Mcfarland made a motion and Member Tanks seconded and it passed 5:1
Member Lynch stated that she would like to do this in a way as clear as possible and be considerate
of the budget and Member George agreed.
Member James stated its confusing when we talk about finance friendly when we were just talking
about saving money from not advertising and we could not make a decision. Member George
stated that the color for the document was not a value added thing whereas the ad does add value.
Member Mcfarland stated this should not be something that we can control. If someone at work
prints it in color they print it in color.
Public Hearing Petition TA 2-26 – Planning Ordinance - Technical/Development Review
Committee
The Planning Director represented the section of the presentation for this article.
Member Wagstaff stated that requiring another committee requiring all departments to be involved
was cumbersome. The Planning Director stated that all departments would be invited, but their
attendance is not mandatory, each department would determine how involved they want to be and
could appoint anyone on their staff to represent their department. If they had no comment, all they
would have to do is say no comment.
Member Wagstaff stated but it states they shall respond and they shall attend monthly. Staff
Brandon stated the regardless of the TRC the individual would still be required to get that approval.
It is simply a way to navigate applicants clearly from point A to point B.
Member Wagstaff asked why parks and rec would be involved and it was a overstep into other
departments. The Planning Director reminded them that certain projects would have open space
amenities and their input would be valuable. Additionally, just as we invite everyone in the public
– whether the material in the packet effects them or not – this extends that practice to all
departments, whether they have comments on it or not.
Member Lynch stated was there any departments listed that would never need to be involved in
this type of meeting. The Planning Director stated what is listed is based on my professional
experiences from other areas in different states I have worked with based on potential applications,
especially when not knowing what an applicant may submit. Certain departments like Human
Resources and Finance are not listed because they would not have any comments.
Member Lynch stated all of these could potentially be involved in a particular project. The Planner
stated and like every public citizen they would be kept in the loop about what is going on.
Member Lynch stated that keeps you out of situations where the applicant has to bounce around
departments or you can get all departments on the same page at the same time. Staff Brandon stated
that it is our job to this also adds a additional standard for everyone to act ethically and not require
for one individual and not the other.
Member George stated has that been a problem in the past with other departments. Staff Brandon
stated our jobs is to act fair and equitable to everyone and it just adds that additional standard to
be fair and equitable to everyone. The Planning Director stated we already have proven examples
of TRC Meetings like 3 schools in one meeting, and we have applicants requesting them, like
Duke.
Member Wagstaff stated why do these meeting have to be written in law to be completed. The
Planning Director stated that if it is not codefied, it is not practiced or offered. Writing it into the
ordinance clarifies to everyone what it is, how it is done and describes the expedited and efficient
process. Without it, applicants continue to bounce around different departments at different stages
getting different information rather than all being on the same page.
Member George stated that what she is hearing is that departments are doing different things for
different applicants. Planning Director stated he has no jurisdiction on what other departments do.
Member George asked if Planning department will be the judge of what is done. The Planning
Director stated the department is simply coordinating a meeting and every department is in the
know of what is going on.
Staff Brandon stated with as many applications as we are having come through to keep up with
permits in a timely manner. This will be effective instead of getting caught up on issues where
applicants get tripped up due to not having a process lined out.
Member George asked if staff had checked with stakeholders. Planning Director reminded them
of the extensive public process resulting in the text amendment, including the two workshops with
all the departments, the multiple successful pilot projects involving schools, bardominium,
glamping, Duke’s request and the potential benefit to Microsoft. Member Lynch asked about the
bardominium meeting. The Planner stated it was a developer seeking multiple different uses on a
large property including glamping, resort, gym, and we covered it all with multiple departments in
one meeting. They have not submitted a formal application yet..
Member George stated such as contractors that routinely pull permits. Planning Director reminded
them that each project requires different permits by our and other departments. This process bring
all these different permits together into one meeting so applicants can get all their questions
answered at the same time for all their permits.
Member Lynch asked if this is a process that shall happen or may happen. Staff Brandon stated
each situation is different based on minute details when it comes to planning and zoning and has
to be weighed out. You may have someone that wants to build a bardominium but also wants to
do the glamping use. Each one requiring different permits. You may just have someone who wants
to build a house. That can be processed administratively. It gives staff and applicant consistency
in the permits and the complixity of the project determines the need for different permits.
Member Mcfarland stated to change shall to may. Member Wagstaff stated if you change shall to
may what is the point of codifying it. Why not offer it without codifying it. The Planning Director
reminded them that if is not codefied, it is not offered. This amendment expedities the development
review process in a single setting. Without it, the development process will remain as is, with
applicant bouncing around different departments.
Member George stated what cost would you anticipate to be associated and what do you anticipate
the dollar value to be. The Planning Director stated it would not cost applicants anything as this
improves staff and multi-department work efficiency. Staff could look into a fee schedule for this
if the Planning Board makes that part of their recommendation.
Member Lester stated that it was her belief that the trc was a intertnal committee that would come
in with applicant and discuss openly there concerns and what they need to do, versus now they go
to each individual department. The Planning Director stated yes.
Member Lynch stated are there extra costs associated with the meeting. Member Lynch stated that
if it does then the board would have to look at that. Member Lynch stated she would hope that it
would be a more efficient process. Planning Director reminded them the current amendment does
not recommend any fees to the applicant.
Member George stated why would we charge the applicant for a more efficient process. The
Planning Director stated that staff would need Planning Board’s recommendation to approve this
process so it can be codefied. The fee would be a separate research should you recommend a fee.
Member George stated is there anything disallowing applicants to meet with multiple departments
currently. Planning Director reminded them that applicants are welcomed to continue the longer
process of bouncing around different departments if they chose to for administrative by-right
processes. This process would not stop them from doing that, we are simply trying to help both
applicant and staff better manage their limited resources through this efficient process.
Member Lester stated it would also help with the he said she said.
Member George stated has there been any public comments on any items. The Planning Director
reminded them that this has been publicly discussed since November and no comments have been
received. We conducted workshops with all departments earning their support along with few pilot
projects earning support of developers like schools, Duke, and potential benefit to others.
Calvin Clayton, 45 Abbitt St. Roxboro NC. Stated that he was the oldest developed builder in
Person County for 42 years and I am also here representing the home builder association in
approval to this action. I have bounced around in those offices myself day after day after day and
when you get approval from one you do not the other. When one gets your information the other
does not. I have made 9 different trips for one application. Weather it is mandated or not and I had
to pay this comes from the homebuilders association and other builders in this county for all the
departments to hear my information at one time. So be it pass the fee and we are ready to pay it.
Member Lynch and Member George stated that it answered there question.
Member Lynch asked when a application comes in do they all go through this process or some do
and some do not. The Planning Director stated we will create a agenda on which application may
need to have a trc, the ones the applicants want a trc and present them and compile comments.
Staff would do more meeting as necessary.
Member Lester stated is the DRC and TRC the same thing. The Planning Director stated that the
Planning Board would need to pick a name.
Member George stated looking at the yearly graph it looks like business permits have been
decreasing since 2023. Staff Brandon stated that it has been a uptick this year. Planning Director
added that staff has helped applicant submit accurate information in their applications, as presented
with Misc being updated to actual commercial.
Member George stated that on page 7 applicability to give clarity to who it is we could change
shall to a may and add or that requestes such a review. Which would address concerns of forcing
a review, and also people who would want to request a review. The Planning Director stated that
all the applications, reminding them of the list previously shown, and their was no intent to list all
of them in the text amendment. Member George stated to strike number 5 the followup because
that will keep from having a delay.
Member Wagstaff stated it should be service offered to anyone but to write it in the ordinance is
unnecessary. Member Lynch stated somewhere there needs to be a procedure. Planning Director
reminded them if it not codefied, it is not done. Current pilot projects are evidence of its success.
Member Mcfarland stated that in his experience this process is valuable to support this idea that
this is what is currently done in the construction field.
Member James stated that it offers staff flexibility to say who it is applicable too and not based on
how it is written. Member James stated her support for how it was written and the efficeincy of
the process. Member Mcfarland stated his support and stated that it stops people from answer
shopping. Member Lester stated that it adds that ethical standard and there cannot be any private
negotiations what is addressed in the meeting.
The Planning Director stated that if the text admendment is not codified, we are not offering it
freely because it is not requires and creates additional work that is not required. Mcfarland stated
you will have good and bad contractors and making them go through this project will place them
in the right path and take accountability upfront. Member Tanks stated it takes a lot of contractor
time and staff time with bounceing back and forth. Member Tanks stated we need to trust staff and
it will be helpful to the economic growth of the county.
Member George stated that she would prefer the need to change it to allow contractors to request
such a process. Member George stated it is not one of the examples given and as it is written those
would not be volunteered for due to extra effort being required. Member George stated to add or
that request such a review. Planning Director reminded them of the successful pilot projects, the
two workshops with all departments supporting the improved process, and no additional efforts
were created through this expedited and efficient development review process.
Member Lynch stated are we also changing shall to may. Member George stated that support of
changing shall to may. Member Lynch stated it’s a shall but in the judgement of the planning
Director and stated the board should discuss it. Member James and Mcfarland stated to leave it as
shall.
Member Lynch made a motion. Member James seconded a vote was made and it passed 5:1.
Member Wagstaff stated he was opposed due to the process not needing to be codified and staff
should offer it regardless.
Public Hearing Petition TA 3-26 – Planning Ordinance - Special Use Permit Standards
The Planning Director represented the presentation for the item.
Member George stated on page three, attachment 1, paragraph 3 it mentions properties in watershed areas
shall be stringent to more stringent performance standards is this in addition to the existing regulations or
just the existing regulations. The Planning Director reminded them of Falls Rules, stated it is just the
existing rules and rules that the watershed ordinance requires.
Member Lynch stated section 155 was it added for legal reason. The Planning Director stated they are in
section 160D and they were added to bring it in line with 160D.
Member George stated where the language came from from on page 6 for environmental protection. The
Planning Director stated it either came from the comprehensive plan or the environmental protection
regulation found in the EPA. The Director stated he would add the citation when it came before the Board
of Commissioners, along with other citations as necessary.
Member George stated that anything habitat could be disturbed by any activity. Planning Director reminded
them that habitates are state and federally regulated, they can be regulated locally through wildlife planning.
Member George stated it does not specify endangered species and it does not look to limit it in anyway.
Planning Director stated he would add state or federal definition of wildlife habitat into the text amendment.
Member George stated that it could have a adverse impact if it were to include any habitat such as a ant
hill. Planning Director will update the staff and supplemental report to address local, state and federal
practices on wildlife habitat protection.
Member George stated that traffic is also too broad of a term and could be adverse. Member Wagstaff stated
that the term is so broad it could go in as a supplement instead of a regulation. The Planning Director
reminded them that all development generates increased traffic, traffic is scientifically regulated by
NCDOT, ASHTO, and others, and reminded them that most ordinances incoroprate a separate traffic impact
analysis requirements but our ordinance currently does not, and this is one way of address the impact
development has on local traffic. Member Wagstaff stated the commissioners or whoever requested it
should be aware that these items can be required but writing it in the ordinance seems unnecessary. Planning
Director reminded them that by codifying it, it helps Board of Commissioners with their decisions, making
it legally defensable. Staff and Supplemental report will be updated to address this as well.
Member Lynch stated that this would apply to special use permits and the board may want to be careful
with it considering it is different than what usually comes through to the Planning Board and may have
special concerns with the special use request. Planning Director reminded them Special Use Permits do not
go before Planning Board, they go to Board of Commissioners. Member Wagstaff stated these tools are
already at there disposal. The Planning Director reminded them that right now there is no legal bases for
such request as it does not hold the same weight without writing it in the ordinance. Additionally, stated by
codifying it gives the Commsioners the leverage to request it, without it, it would only be a personal opinion
based request, not a legal one.
Member George stated as it is written in 155-4 it states that it is a finding of fact required for approval. The
Planning Director reminded them that Findings of Facts only applies to quasi-judicial actions, at the Board
of Adjustments, not Planning Board. Member George stated that it would bind them instead of giving them.
Member Lynch stated that it is binding the Commsioners to find that fact to approve that development.
Planning Director clarified these standards simply give Commissioners the legal means to request such
issues be incorporated into any Finding of Fact. Staff Brandon stated are you asking if it can be waived if
they choose too. Planning Director added that all conditions must be mutually agreed upon by applicant
and decision board.
Member George stated somewhat because it is being required of the Commsioners to approve the project.
Planning Director reminded them this is not requiring Commissioners anything, only giving them legally
defensible authority to make certain requests of the applicants. Member George stated that the terms used
are too broad and somethings habitat is going to be disturbed. Planning Director reminded them this would
be addressed with state and federal definitions on habitat. Staff Brandon stated it also takes out the liability
that they are picking and choosing who to place requirements on and who not.
Member Lynch stated that it does state significant that does limit traffic. Member Lynch stated that agreed
that environmental habitat disturbance was too broad. The Planning Director stated he would provide a
citation and clarification on what legally represents a habitat and traffic. Member Lynch stated that
significant could potentially cover it. Member George stated it also lists categories and it can be
misinterpreted as anything in this category is significant. The Planning Director stated there is a legal state
and federal definition of what is regulatory considering habitatas and that he would provide a definition and
would check with the County Parks and Recreation Department on any of their regulations for the updated
staff and supplemental reports.
Member Lynch asked if the Planning Director could make a suggestion to tightening the habitat and not
making it so open. The Direcgtor stated that he would include a legal definition and regulations that regulate
habitats. Member Lynch stated habitat as defined by the various state or local agencies. Member George
stated to be certain she did not want to wait for the definition. The Planner stated that the board could
continue this item to the next meeting.
Member George stated not according to NCGS. Member George stated that the ordinance states after 30
days our recommendations should go to the Commsioners. The Planning Director reminded them how
Board of Commissioners conduct public hearings, opening them and continuing them to a date certain.
Member Wagstaff agreed with Member George. Member Lynch stated the commsioners could define it
better than the Planning Board. The Planning Director stated he would include the citation and definitions
when it went to the Commsioners.
Member George stated that another option would be to change it to endangered species. Member Wagstaff
stated that those usually have state and federal laws. Staff Brandon stated would you want to add federal to
what lynch stated to add. Member George agreed and suggested to add endangered or vulnerable species.
Member Lynch made a motion. Member Lester seconded. A vote was made and passed 4:2. Member
Wagstaff stated some items presented did not need to be codified. Member Tanks stated she was in support
of the original amendments and adding the citations for the legal definition.
HEARING ON CASES, IN THE ORDER THEY WERE RECEIVED
ADJOURNMENT
Member Mcfarland motioned to adjourn and Member Wagstaff seconded. The Board voted and it
passed 6:0. The meeting adjourned at 9:07 P.M.
___________________________________
Chair or Vice Chair
___________________________________
Recording Secretary, Michie Brandon
Planning Technician, Person County Planning and Zoning
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
Item: Petition TA 5-26 – Subdivision Regulations – Exempt Subdivisions
I. Background
On February 23, 2026, Planning staff meet with County Commissioner and a local developer to discuss various
potential residential subdivisions and their relationship to the County’s private road standards, seeking to better
understand how people would be able to access and egress exempt subdivisions or not. While the issue of minor,
family and major subdivision access was addressed through Text Amendment 08-25, approved by Board of
Commissioners November 18, 2025, it did not address the access and egress of exempt subdivisions.
Person County’s Exempt subdivisions are governed by Session Law 1987 that listed the following 9 criteria for an
exempt subdivision, paraphrased below:
• Recombining recorded lots with no increase in lot count and all resulting lots meeting county standards.
• Divisions creating parcels over 10 acres with no street dedication.
• Public acquisition of land for street widening or opening.
• Division of ≤2-acre tract into ≤3 lots, with no street dedication and all lots meeting county standards.
• Divisions for gravesites.
• Divisions created by judicial partition or sale.
• Re-surveys of existing lots.
• Plats showing lots pledged as loan collateral from a larger tract under same ownership.
• Combining land with adjacent recorded lots.
Person County is granted four additional exempt subdivisions beyond the five identified in North Carolina General
Statute 160D, this includes graveyards, judicial (court ordered) partition or sale, loan collateral, and re-survey. The
text amendment presented updates the county’s Exempt Subdivision regulations in accordance with state enabling
legislation and addresses access and egress to and from them.
III. Summary of Proposed Amendments
This amendment revises Article XIV – Subdivision Regulations, Section 141 (Subdivision Types, Excluded or Exempt
Plats) to ensure consistency with the provisions of Session Law 1987 applicable to Person County and the current
statutory framework under N.C.G.S. Chapter 160D. The update clarifies and modernizes the categories of exempt
and excluded subdivisions to reflect controlling state law and improve regulatory alignment.
Additionally, the amendment explicitly removes the applicability of the County’s Minimum Construction Standards
for Private Road to exempt subdivisions, recognizing that such divisions of land are not subject to the full scope of
subdivision review and infrastructure requirements.
The amendment further establishes that access and egress for exempt plats or subdivisions will not be subject to
prescriptive standards but instead will be evaluated on a case-by-case basis. This review will occur through
interdepartmental coordination, as appropriate, to address site-specific conditions, public safety considerations,
and operational impacts.
See Attachment 1 for the proposed draft language, with the added provision “Such certified plats will be exempt
from the Person County Private Road Standards.”
IV. Staff Analysis and Recommendation
These updates advance the County’s objective of maintaining a clear, consistent, and modern planning framework
by ensuring that regulations remain compliant, understandable, and aligned with sound and sustainable
development practices.
V. Comprehensive Plan Consistency
Person County Planning Ordinance, as well as NCGS §160D-604 & § 160D-605, requires zoning maps and ordinance
amendments to be consistent with the adopted Compressive Plan. A statement reflecting the consistency must
accompany the Planning Board recommendation. A general statement of plan consistency and a desire for clear
regulations can be used as adequate support, if a specific language from the Comprehensive plan cannot be found.
VI. Action
Initial Discussion
VI. Submitted by
Nishith Trivedi, Planning Director
SECTION 141 – SUBDIVISION TYPES
(Amended: 5-3-99, 11-18-25)
Excluded or Exempt Plats
Surveys meeting the requirements of GS 47-30(f)11.c do not require a signature from the Planning and Zoning
Administrator or the review officer and may be directly submitted to the Register of Deeds for recordation. The
following events shall be excluded from the provisions of this article:
a) The combination or recombination of portions of previously subdivided and recorded lots if the total
number of lots is not increased and the resultant lots are equal to or exceed the standards of the county as
shown in its subdivision regulations.
b) The division of land into parcels greater than ten (10) acres if no street right-of-way dedication is involved.
c) The public acquisition by purchase of strips of land for the widening or opening of streets.
d) The division of a tract in single ownership, the entire area of which is no greater than two acres into not
more than three lots, if no street right-of-way dedication is involved and the resultant lots are equal to or
exceed the standards of the county as prescribed herein.
e) The division of land for use as gravesites.
f) A division of land which has been created by a judicial partition and/or sale.
g) Any plat presented for recordation on which a lot is shown and pledged as collateral for loan proceeds and
where the property depicted by the plat is a portion of a larger tract of property owned by the same entity.
h) A combination of lands which adds land to previously subdivided and recorded lots which are contiguous
to the addition.
Plats depicting the divisions listed above may be recorded provided the owner desiring to record such plats shall
obtain a Certificate of Exception from the Planning and Zoning Administrator and shall present such certificate to
the recorder as proof the exception condition is present. Such certified plats will be exempt from the Person County
Private Road Standards. The required certificate shall read as follows:
Certificate of Exception.
I certify that said property qualifies as an exception to the provisions of the Person County Subdivision Regulations
under Section 141 16-1.
____________________________________________ ____________
Planning and Zoning Administrator Date
Person County, NC
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
Item: Petition TA 6-26 – Private Road Standard Update
I. Background
Person County adopted its Minimum Construction Standards for Private Roads on March 9, 1987, pursuant to N.C.
General Statute Chapter 136 and the applicable planning enabling legislation in effect at that time. These standards
established a framework for regulating private road construction associated with property development.
Since adoption, road design, construction and regulations associated with them have evolved. In 2026, the North
Carolina Department of Transportation (NCDOT) started requiring local government review and approval of
driveway permit applications submitted by private property owners. Concurrently, NCDOT and local emergency
management agencies have updated operational and design requirements related to roadway access, emergency
response, and vehicle maneuverability. These changes, combined with the recodification of local planning authority
under Chapter 160D and 136, necessitate a comprehensive update to the County’s private road standards. The
revised standards will align with current statutory authority, reflect updated state and emergency service
requirements, and incorporate contemporary best practices for safe and reliable access for all users and service
providers.
III. Summary of Proposed Amendments
In response to significant advancements in roadway design, construction practices, and regulatory requirements
over the past four decades, staff has conducted a comprehensive review of current state and industry standards.
This review included key guidance from the North Carolina Department of Transportation (NCDOT), such as the
Policy on Street and Driveway Access to North Carolina Highways (2003), Subdivision Roads Minimum Construction
Standards (2020), and the Roadway Design Manual (2023), as well as nationally recognized best practices published
by the American Association of State Highway and Transportation Officials (AASHTO). Based on this analysis, staff
has prepared a complete rewrite of the Person County Minimum Construction Standards for Private Roads to ensure
alignment with current statutory authority, engineering practices, and access/egress requirements. The proposed
standards are included as Attachment 1, accompanied by a detailed Staff Report.
IV. Staff Analysis and Recommendation
These updates advance the County’s objective of maintaining a clear, consistent, and modern planning framework
by ensuring that regulations remain compliant, understandable, and aligned with sound and sustainable
development practices. Updating the private road regulations to current standards will clarify and help streamline
the development review process.
V. Comprehensive Plan Consistency
Person County Planning Ordinance, as well as NCGS §160D-604 & § 160D-605, requires zoning map and ordinance
amendments be consistent with the adopted Compressive Plan. A statement reflecting the consistency must
accompany the Planning Board recommendation. A general statement of plan consistency and a desire for clear
regulations can be used as adequate support, if a specific language from the Comprehensive plan cannot be found.
VI. Action
Initial Discussion
VI. Submitted by
Nishith Trivedi, Planning Director
1. AUTHORITY AND PURPOSE
A. Authority
These standards are adopted pursuant to N.C.G.S. § 160D-804 and § 136-102 for the
regulation of streets, property access, and egress.
B. Purpose
The purpose of this Section is to:
1. Ensure safe and reliable access for residents, emergency services, and other public
service providers;
2. Establish minimum design and construction standards for private roads;
3. Protect public health, safety, and welfare;
4. Provide for long-term maintenance of private infrastructure by private entities; and
5. Allow rural development patterns without requiring public street construction or use of
public funds where appropriate.
2. APPLICABILITY
A. These standards apply to:
• All properties utilizing private access and egress;
• Single and multi-lot developments served by private roads;
• Mobile home parks, residential and non-residential uses;
• Any partition of land requiring vehicular access not provided by a public street.
B. Private road standards shall be used especially near public streets where:
• Connectivity is necessary;
• NCDOT Driveway Permit is required
3. PRIVATE ROAD CLASSIFICATION
A. Public Street
B. Major and Minor Private Road
C. Exclusive Access Easement
MINOR SUBDIVISION STREET/ACCESS STANDARDS FIVE (5) LOTS OR LESS 1
Street/Access
Options
Minimum
Right-of-
Way or
Easement
Width
(S)
Minimum
Street
Width
(D)
Length
Street/Access
Construction
Standard
Street
Maintenance
Responsibility
Other
Requirements
Public Street 60 ft.
14 ft.
One-Way
24 ft. Two-
Way
Max. 800 ft.
/ 1600 ft.
(WCA)5
Must Meet or
Exceed
NCDOT
Subdivision
Streets
Minimum
Construction
Standards
HOA
Certification of
Street
Construction
to NCDOT
Subdivision
Streets
Minimum
Construction
Standards
Major and
Minor Private
Road
Major – 50
ft.
Minor - 40
ft.
Major - 20
ft. Two-Way
Minor - 14
ft. One-Way
Max. 800 ft.
/ 1600 ft.
(WCA)
6” ABC Stone
and Meet
NCDOT
Subdivision
Streets
Minimum
Construction
Standards
POA
Private Street
Disclosure
Certification
Statement
(G.S. § 136-
102.6)
Must Have
Direct Access
to a Public
Street
Exclusive
Access
Easement
(Public &
Private
Streets;
Exclusive
Access
Easement
must be
Recorded)
25 ft. N/A
Allowable if
more than
300 ft. from
Public Street
Minimum
separation
between
centerline of
easement of
any other
platted
right-
of-way shall
be one
hundred
twenty-five
(125) ft.
N/A Property
Owner(s)
Only One Lot a
Minimum of
Three
(3) Acres in
Size
One Single-
Family
Dwelling &
One
Accessory
Dwelling Unit.
Uninhabited
accessory
structure(s)
also allowed
Accessory,
Uses,
Buildings, and
Structures.
4. GENERAL REQUIREMENTS
A. All private roads and access easements shall:
1. Connect to a publicly maintained street;
2. Be located within a recorded easement with right-of-way labled;
3. Be constructed prior to final plat approval or secured by performance guarantee;
4. Be maintained by a Property Owners’ Association (POA) or recorded maintenance
agreement.
B. Private roads and access easements are not eligible for public maintenance unless
upgraded to NCDOT standards and dedicated to NCDOT.
C. Reserve strips prohibiting access are prohibited, to ensure access for emergency and
other public service vehicles.
5. DESIGN STANDARDS
A. Right-of-Way / Easement Width
• Minimum: 40 feet for Roads, 25 feet for easement
• May be increased based on type, topography, drainage, or number of lots
B. Travelway Width
Road Type Minimum Width
Minor Private Road 14 ft (one-way) / 18 ft (two-way)
Major Private Road 20 ft minimum
Easement 12 ft
• Additional width may be required for roads exceeding 1,000 feet or serving >1 lot.
C. Vertical Clearance
• Minimum: 13 feet 6 inches
D. Grade
• Minimum: 0.5%
• Maximum: 12%
• Up to 15% allowed with Planning Director approval and Fire Marshal concurrence
E. Alignment
• Horizontal and vertical alignment shall conform to safe engineering practices
• Curves shall accommodate emergency vehicle turning movements
• Horizontal curves shall have a minimum centerline radius of 150 feet. Right-of-way width
shall be sufficient to accommodate the required roadway width, shoulders, drainage,
and slopes through all curves.
• Minimum sight distance for a stop-controlled intersection connecting a new local or
collector residential road to a state-maintained road shall be measured as follows: 70
feet along the existing road right-of-way and 10 feet along the new road right-of-way.
F. Drainage
Storm drainage systems shall be designed to adequately convey runoff without causing
flooding on adjacent properties or requiring excessive maintenance. Where necessary,
permanent drainage easements shall be provided. Minimum design standards shall include:
1. Storm sewer systems designed for a 10-year storm event;
2. Cross-drainage systems designed for a 25-year storm event.
Higher design standards may be required at the discretion of the Planning and Zoning
Administrator or designee. Where vegetation cannot be effectively established or
maintained due to slope or flow conditions, stabilized measures such as pavement or riprap
shall be required.
Road crossings within designated flood hazard areas shall comply with applicable local
floodplain regulations and be approved by the appropriate governing authority.
G. Vegetation
All disturbed areas resulting from road construction, including shoulders, slopes, ditches,
and borrow areas, shall be stabilized to prevent erosion using permanent vegetation or other
approved methods. Stabilization shall occur promptly following grading and prior to final
inspection. Seedbed preparation, seeding, fertilization, liming, and mulching shall be
performed in accordance with accepted erosion control practices sufficient to establish and
maintain ground cover.
The following may be used:
• 1 .4 lbs. Fescue grass seed
• 0.4 lbs. German or Browntop millet to provide temporary cover until the grass becomes
established (0.4 lbs . of rye during winter months)
• 90 lbs . lime
• 23 lbs. 10 -10-10 Fertilizer
• 2 40 lb . Bales of straw for mulch (use enough to cover 75% of the ground)
6. STRUCTURAL SECTION
A. Minimum Construction
All private roads and access easements shall include:
• Compacted subgrade
• Minimum 6-inch ABC stone base
• Surface treatment (gravel, asphalt, or equivalent)
B. Engineering Standards
Construction shall meet or exceed:
• NCDOT Subdivision Roads Minimum Construction Standards, revised 2020; or
• An engineered design certified by a NC Professional Engineer
7. DRAINAGE
A. Private Roads and access easements shall be designed to prevent erosion and ensure
possibility for emergency and other public services.
B. Minimum standards:
• Cross-drain culverts: 25-year storm
• Ditches or storm systems required as necessary
• Positive drainage required for all road surfaces
C. FEMA floodplain crossings require hydraulic analysis.
8. ACCESS AND CONNECTIVITY
A. Public Street Connection
All private roads and access easements shall connect to a public street right-of-way.
B. Connectivity
1. Stub streets shall be required where adjacent property is developable.
2. Waivers may be granted for:
o Environmental constraints
o Topographic limitations
C. Secondary Access
Required when:
• More than 10 dwelling units; OR
• Road length exceeds 2,500 feet
Exceptions may be granted by Fire Marshal where sprinklers or other mitigation are
provided.
9. TURNAROUNDS AND DEAD-END ROADS
A. Dead-end roads exceeding 150 feet shall provide a turnaround.
B. Acceptable designs:
• Cul-de-sac (minimum 90-foot diameter); or
• Hammerhead or approved alternative meeting Fire Code
C. All designs shall comply with NC Fire Code Appendix D.
10. FIRE, EMERGENCY, AND POLICE ACCESS
A. Roads shall support fire, emergency service and police apparatus loading.
B. Minimum requirements:
• 20-foot unobstructed width (for major roads)
• Turning radii per Fire Code
• Maximum grade subject to Fire Marshal approval
C. Fire hydrant spacing (where public water exists):
• Within 500 feet of structures
11. SIGHT DISTANCE
Sight distance at intersections shall meet:
• NCDOT driveway permit standards; or
• AASHTO stopping sight distance criteria
Fixed minimum distances are not permitted.
12. MAINTENANCE
A. Required Agreement
A recorded maintenance agreement shall:
1. Assign responsibility to all lot owners;
2. Establish cost-sharing provisions;
3. Grant access for public and emergency services.
B. Property Owners’ Association (POA)
Required for:
• Roads serving 5 or more lots
POA shall:
• Own and maintain the road;
• Levy assessments;
• Maintain liability insurance
C. County Disclaimer
The County shall not be responsible for maintenance of private roads.
13. PERFORMANCE GUARANTEE
A. Required where roads are not complete prior to plat approval.
B. Amount:
• 125% of estimated construction cost
C. Forms:
• Letter of Credit
• Bond
• Cash equivalent
14. CERTIFICATION AND INSPECTION
A. Prior to final plat approval, following must be included:
“This road is a private road and is not maintained by Person County or the State of North
Carolina. Maintenance is the responsibility of the property owners.”
B. County may inspect but does not assume liability for construction quality.
15. WAIVERS
The Planning Director may approve deviations where:
• Equivalent or superior safety is demonstrated;
• Site constraints justify modification;
• Fire Marshal concurrence is obtained (where applicable).
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
Public Notice Update
Staff Report
I. Purpose
This initiative is intended to conduct a comprehensive technical and policy evaluation of Person County’s
Minimum Construction Standards for Private Roads, adopted by the Board of Commissioners on March 9, 1987.
The review will determine whether the existing provisions remain adequate, enforceable, and aligned with current
statutory authority, accepted engineering practice, emergency service requirements, and prevailing subdivision
development patterns.
The County’s authority to permit private streets derives from N.C. General Statutes §§ 136 and 160D, which allow
local governments to approve private roads within subdivisions while assigning responsibility for their
construction and ongoing maintenance to the developer or property owners’ association. Comparable regulatory
frameworks are in place across numerous North Carolina jurisdictions—including Ashe, Guilford, Harnett,
Henderson, New Hanover, Vance, Warren, Buncombe, Chatham, Columbus, Durham, and Wake counties—
demonstrating that the allowance of private road infrastructure subject to minimum public safety standards is an
established statewide practice.
• Authority. These standards are adopted pursuant to N.C.G.S. §§ 136 and 160D and related subdivision
regulatory authority granted to counties for the protection of public health, safety, and welfare.
• Objective. Update minimum design, construction, access, and maintenance requirements for private
roads serving subdivisions and mobile home parks to ensure safe and reliable access for residents,
emergency services, and service providers, while assigning long-term maintenance responsibility to
private parties.
Given the age of the current standards and substantial advancements in roadway engineering, stormwater
management, subdivision design, and fire apparatus specifications since 1987, a structured reassessment is
warranted. The review will evaluate whether the ordinance sufficiently addresses pavement design, subgrade
preparation, drainage performance, roadway geometry, sight distance, grade limitations, emergency vehicle
maneuverability, inspection protocols, and long-term maintenance provisions.
Irrespective of prior administrative practices, the County maintains a continuing responsibility to ensure that
development regulations provide safe and dependable access for residents, service providers, and emergency
responders. Substandard private road construction can compromise life safety, impair emergency response, and
create long-term infrastructure deficiencies that may generate requests for public intervention or costly corrective
measures. The objective of this initiative is to establish updated, clearly articulated, and enforceable standards
that protect the public interest while preserving reasonable flexibility for private development.
The anticipated outcome is a modernized set of standards that are technically sound, internally consistent, and
defensible, ensuring that private roads constructed in Person County provide reliable, durable access consistent
with contemporary engineering and public safety expectations.
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
Main Issue
Person County’s Minimum Construction Standards for Private Roads have not been comprehensively revised since
1987 and no longer reflect current transportation engineering methodologies, statutory updates, or modern
emergency access requirements. Over the past four decades, industry standards governing roadway design,
pavement systems, drainage infrastructure, and subdivision layout have advanced considerably. The absence of
periodic updates increases the likelihood of inconsistent interpretation, regulatory uncertainty, and potential
exposure to public safety risk. A systematic modernization effort is necessary to align the County’s requirements
with current technical guidance and operational standards.
• State and Professional Standards Alignment:
• The North Carolina Department of Transportation (NCDOT) routinely updates its roadway design manuals,
subdivision street criteria, and construction specifications.
• The American Association of State Highway and Transportation Officials (AASHTO) publishes nationally
recognized guidance for geometric design, structural pavement design, and roadway safety.
• Referencing current state and national standards enhances technical credibility and regulatory
defensibility.
• Residential and Emergency Access Requirements:
• Contemporary fire apparatus dimensions and operational needs necessitate updated turning radii,
roadway width, grade, and clearance standards.
• Structural capacity and surface integrity must support emergency vehicle loads under varied weather
conditions.
• Clearly defined access criteria mitigate the risk of delayed response and associated life-safety concerns.
• Statutory Authority and Administrative Framework:
• N.C.G.S. §§ 136 and 160D provide the legal basis for permitting private streets while assigning
maintenance responsibility to private parties.
• The ordinance shall delineate approval procedures, inspection authority, certification requirements, and
maintenance documentation standards.
• Clear procedural structure reduces discretionary interpretation and strengthens enforcement
consistency.
• Administrative Efficiency:
• Outdated provisions often necessitate ad hoc determinations during plan review, increasing processing
time and variability in outcomes.
• Clarified and modernized standards improve predictability for applicants and streamline staff review.
• Risk Management and Fiscal Exposure:
• Inadequately constructed private roads can deteriorate prematurely, creating pressure for public
acceptance or remedial action.
• Clearly articulated minimum standards reduce the County’s exposure to claims arising from unsafe or
inconsistently regulated access.
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
• Infrastructure Durability and Lifecycle Performance:
• Updated specifications for base course preparation, pavement thickness, compaction standards, and
drainage design promote long-term structural performance.
• Explicit maintenance responsibility provisions help prevent deferred maintenance and related disputes.
• Regional Consistency:
• Numerous North Carolina counties have revised their private street standards to reflect current
engineering and development practices.
• Harmonizing Person County’s requirements with peer jurisdictions supports regional consistency and
professional alignment.
Collectively, these factors substantiate the need for a comprehensive technical and policy update to ensure that
private roads within Person County are constructed to standards that are safe, durable, and consistent with
contemporary planning and engineering practice.
II. BACKGROUND
Person County’s development pattern is predominantly rural, characterized by low- to moderate-density
residential subdivisions, large-lot development, agricultural land divisions, and extended private access drives
connecting to the state-maintained roadway network. Within this context, private roads frequently serve as the
sole means of ingress and egress for multiple dwelling units and, in many cases, extend significant distances from
publicly maintained thoroughfares. This rural development form elevates the importance of clearly defined
construction and access standards.
Subdivision regulations serve not only to guide lot configuration and infrastructure placement but also to ensure
that safe and reliable access is provided to each parcel created through the land division process. In rural settings,
where alternative routes are often limited and roadway networks are less interconnected, the design of private
roads directly affects emergency response times, evacuation capability, and long-term service delivery.
Inadequate roadway width, excessive grades, insufficient turnaround facilities, or structural deficiencies can
materially impair fire, EMS, and law enforcement access.
Access and egress considerations are particularly critical in subdivisions relying on a single point of connection to
an NCDOT-maintained roadway. The adequacy of that connection—including sight distance, driveway throat
length, pavement transitions, and drainage tie-ins—must be evaluated to ensure safe vehicular movement
between the private system and the public network. Poorly designed connections can introduce safety conflicts
on state-maintained roads and create long-term maintenance or enforcement issues.
Stub-outs and future connectivity are additional considerations in rural subdivision design. While immediate
interconnectivity may not always be feasible, subdivision regulations typically require reservation or construction
of stub streets to adjoining undeveloped properties to prevent landlocking, promote future network efficiency,
and reduce overreliance on single-access roadways. Without clear standards governing stub-out construction,
temporary turnarounds, and right-of-way reservation, rural subdivisions may develop in a manner that precludes
logical extension of the roadway network over time.
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
Emergency vehicle circulation is also a key operational factor. Modern fire apparatus require sufficient turning
radii, load-bearing capacity, vertical clearance, and grade limitations to operate safely. Long dead-end private
roads common in rural subdivisions necessitate properly designed cul-de-sacs, hammerheads, or alternative
turnaround configurations that accommodate current apparatus specifications. In addition, roadway width must
support two-way traffic or provide designated pull-off areas where constrained cross-sections are permitted.
Drainage design must ensure passability during significant rainfall events, particularly where private roads traverse
low-lying areas or rely on culverts for stream crossings.
Because private roads are not maintained by NCDOT, long-term structural integrity and maintenance
responsibility remain with private parties. In rural contexts, where property owners’ associations may be limited
in administrative capacity, the initial construction quality of the roadway becomes especially consequential.
Substandard base preparation, insufficient pavement thickness, or inadequate stormwater controls can accelerate
deterioration, reduce emergency access reliability, and generate disputes among property owners.
Peer jurisdictions across North Carolina with similar development patterns—including Vance County, Guilford
County, and New Hanover County—have adopted and periodically updated private road or private street
standards to address these issues. These ordinances generally incorporate current NCDOT construction criteria,
fire code access requirements, and clear maintenance and certification provisions, reflecting an established
statewide approach to managing private access infrastructure within subdivision regulations. Their regulations
are included in the appendix.
Accordingly, the rural character of Person County reinforces the need for updated, technically sound private road
standards that address subdivision layout, connectivity, access to state-maintained roads, and emergency
circulation requirements. Ensuring that private road infrastructure is designed and constructed to contemporary
standards is essential to protecting public safety, supporting orderly rural growth, and reducing long-term fiscal
and operational risk to the County.
III. PRELIMINARY ANALYSIS
Staff have conducted an initial technical review of the Minimum Construction Standards for Private Roads
(Adopted March 9, 1987) to evaluate structural adequacy, regulatory clarity, and alignment with current
engineering and statutory frameworks. The following observations are provided for policy discussion and further
refinement.
1. Structural Design and Travel way Dimensions
The ordinance establishes two classifications of private roads: Class “A” (serving six or more lots) and Class “B”
(serving one to five lots). As illustrated on pages 8 and 9, Class “A” roads require an 18-foot travel way within a
50-foot right-of-way, while Class “B” roads require a 10-foot travel way within the same right-of-way width.
While the 50-foot right-of-way provides reasonable long-term flexibility, the 10-foot travel way standard for Class
“B” roads is notably narrow by contemporary rural subdivision standards, particularly where emergency vehicle
access is required. Current fire apparatus specifications generally necessitate greater unobstructed width and
turning accommodation. Additionally, the ordinance allows two-way traffic to be achieved through widened
passing areas rather than continuous two-lane width, which may be operationally insufficient on longer rural
dead-end roads.
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
Risk Identified:
A 10-foot travel way is insufficient for modern fire apparatus and two-way emergency access on rural dead-end
roads.
For rural safety alignment:
• Minimum unobstructed travel way:
o 18’ minimum for all roads serving more than 2 dwelling units
o 20’ where length exceeds 1,000 feet
• Passing areas only permitted for short segments under defined thresholds
• Minimum vertical clearance: 13’6”
Update: Consider evaluating minimum unobstructed width requirements in consultation with the Fire Marshal
and EMS to ensure compliance with modern apparatus specifications and ISO rating considerations.
2. Surface and Base Specifications
The standards require a 4-inch compacted surface of aggregate base course (ABC) material. No reference is made
to subgrade preparation standards, compaction testing, geotechnical evaluation, or minimum structural section
design beyond general compaction language. The County explicitly disclaims responsibility for quality control
inspections related to compaction or materials testing. In contemporary practice, roadway performance in rural
contexts is highly dependent on subgrade stability and drainage. Without defined compaction standards (e.g.,
percentage of maximum dry density), inspection protocols, or engineering certification requirements, long-term
durability may vary significantly.
Update: Consider incorporating reference to NCDOT Standard Specifications for Roads and Structures for
aggregate base installation, compaction testing, and subgrade stabilization where warranted.
3. Grade, Curvature, and Geometry
The ordinance limits grade to between 0.5% and 12% and requires a minimum centerline curve radius of 150 feet.
While these parameters were reasonable at the time of adoption, contemporary emergency access standards may
warrant evaluation of maximum sustained grades on longer rural segments, particularly where unpaved surfaces
are permitted. The minimum intersection angle of 75 degrees remains generally consistent with accepted safety
principles; however, the stated minimum sight distance of 70 feet along the existing road right-of-way appears
limited when compared to current AASHTO stopping sight distance criteria for typical operating speeds on state-
maintained rural roads.
Update: Intersection sight distance requirements shall be cross-referenced with current NCDOT driveway permit
standards to ensure consistency.
4. Drainage and Floodplain Provisions
The ordinance establishes minimum design frequencies of 10-year storm for storm sewer collectors and 25-year
storm for cross drainage. It also references flood hazard area compliance under the Federal Flood Insurance
Program. Modern stormwater practice often incorporates higher design storms for roadway crossings in rural
settings, particularly where failure could isolate multiple residences. Additionally, the ordinance does not address
culvert sizing methodology, erosion control during construction, or downstream impact considerations.
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
Include:
• Minimum 25-year storm for all culvert crossings
• 50-year storm for roads serving more than 10 dwelling units
• Hydraulic analysis required for crossings in FEMA flood zones
• Erosion control plan compliance with state law
Update: Evaluate consistency with current County stormwater ordinances and state erosion and sedimentation
control requirements.
5. Turnarounds, Dead-End Roads, and Sight Triangles
Cul-de-sacs require a minimum 70-foot diameter, and a “T” turnaround configuration is permitted subject to
Planning Board approval. Given the rural context of long private dead-end roads, turnaround adequacy is critical
for emergency vehicle maneuverability. The illustrated “T” configuration (page 5) reflects dimensional standards
that may not accommodate modern ladder trucks or large rescue apparatus.
Risk Identification:
The 70 feet sight distance is significantly below modern AASHTO stopping sight distance for rural road speeds.
Replace this with sight distance at intersections with state-maintained roads shall meet or exceed current NCDOT
driveway permit and AASHTO stopping sight distance criteria based on posted or prevailing speeds.
Include:
• 90’ minimum diameter cul-de-sac
• Turnaround design approved by Fire Marshal using current turning templates
Update: Field verification with current vehicle turning templates is recommended to confirm adequacy.
6. Inspection and Enforcement Framework
The ordinance requires inspection during construction but limits the scope of review to dimensional compliance,
stone surface, vegetation stabilization, and signage. The County expressly does not assume responsibility for
compaction or materials quality control. While this approach reduces administrative burden, it may increase
variability in construction outcomes. Contemporary subdivision ordinances often require engineer certification or
as-built documentation prior to plat recordation.
Prior to final plat recordation or release of financial security, the applicant shall submit certification by a North
Carolina licensed professional engineer stating that the private road was constructed in accordance with approved
plans and these standards.
Also incorporate:
• Minimum 95% Standard Proctor compaction
• Subgrade stabilization requirements where soils are unsuitable
• Reference to current NCDOT Standard Specifications for Roads and Structures
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
Update: Consider whether professional engineer certification of construction compliance shall be required prior
to final plat approval or release of security instruments.
7. Maintenance Provisions
The ordinance requires a Road Maintenance Agreement for subdivisions and assigns maintenance responsibility
to property owners or park operators. However, the document does not define minimum maintenance standards,
enforcement mechanisms, or procedures in cases of agreement noncompliance. In rural areas, deterioration of
private roads can impair emergency access and create public safety concerns without a clear enforcement
pathway.
Current document requires Road Maintenance Agreement but does not define enforcement authority.
Include:
• Maintenance agreement recorded with deed
• Minimum maintenance performance standards
• Authority for County to issue notice of violation if road becomes unsafe
• Clarification that County may require corrective action where life-safety hazard exists
Update: Clarify enforcement authority and minimum maintenance expectations to mitigate long-term risk.
8. Access to NCDOT-Maintained Roads
The ordinance requires a driveway permit from NCDOT for access to state-maintained roads and provides
geometric flare details (pages 8–9). While this coordination remains appropriate, current NCDOT policies
governing subdivision street connections, traffic impact thresholds, and access spacing may be more stringent
than reflected in the 1987 standards.
Update: Cross-reference updated NCDOT driveway and subdivision connection policies to ensure procedural
alignment.
The 1987 standards established a foundational framework for private road construction in Person County and
addressed key elements such as right-of-way width, drainage, and maintenance agreements. However, based on
this initial review, several provisions appear outdated relative to contemporary engineering standards, emergency
vehicle requirements, and subdivision design practices.
A comprehensive update shall focus on:
• Modernizing dimensional and structural criteria
• Aligning intersection and sight distance standards with current NCDOT and AASHTO guidance
• Strengthening inspection and certification protocols
• Clarifying maintenance enforcement mechanisms
• Ensuring that rural subdivision access patterns do not create avoidable public safety or fiscal risk.
This preliminary analysis is intended to inform policy direction prior to drafting revised standards for formal
consideration.
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
IV. ALTERNATIVES ANALYSIS
In considering modernization of the Minimum Construction Standards for Private Roads, several policy and
regulatory alternatives are available to the Board of Commissioners. Each option presents distinct implications for
public safety, administrative workload, development feasibility, and long-term fiscal risk.
Alternative 1: Maintain Existing Standards (No Action)
Retain the 1987 standards without substantive revision.
Advantages:
• No immediate administrative or drafting effort required.
• Maintains regulatory familiarity for staff and local development community.
• Avoids short-term development cost increases.
Disadvantages:
• Standards remain misaligned with current engineering practice and emergency vehicle specifications.
• Increased reliance on discretionary interpretation during plan review.
• Continued exposure to risk associated with substandard construction and limited inspection authority.
• Potential long-term pressure for County intervention if roads deteriorate or impede emergency access.
Assessment:
This option does not address documented deficiencies or evolving statutory and technical conditions. It maintains
regulatory continuity but preserves existing risk and ambiguity.
Alternative 2: Targeted Amendments (Incremental Update)
Revise specific provisions of the ordinance while retaining the overall structure and classification framework (Class
A and Class B roads). Specific areas of focus would be: Increase minimum travel way width for Class B roads,
Update turnaround dimensions to reflect current fire apparatus turning templates, Revise intersection sight
distance and access flare requirements to align with current NCDOT standards, Incorporate compaction standards
and require engineer certification of construction, Update drainage design frequencies and culvert sizing criteria.
Advantages:
• Addresses the most critical life-safety and durability concerns.
• Limits regulatory disruption and preserves familiar format.
• Reduces immediate fiscal and administrative impacts relative to full overhaul.
Disadvantages:
• May perpetuate structural limitations in the 1987 framework.
• Does not comprehensively address long-term maintenance enforcement or rural connectivity policy.
• Risk of piecemeal updates that lack internal consistency.
Assessment:
This option represents a pragmatic near-term improvement strategy but may require future amendments to fully
modernize the ordinance.
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
Alternative 3: Comprehensive Modernization (Full Rewrite)
Undertake a complete revision of the private road standards, integrating current statutory authority, engineering
criteria, emergency access requirements, and administrative procedures into a cohesive regulatory framework.
Key elements include and not limited to: Consolidation of technical standards into performance-based criteria
referencing NCDOT and AASHTO guidance, Updated minimum widths, structural sections, and grade limitations
based on rural subdivision context, Defined requirements for stub-outs, future connectivity, and secondary access
where feasible, Mandatory professional engineer certification and as-built documentation prior to final plat
recordation, Enhanced maintenance agreement language and enforcement mechanisms, and Clear alignment
with Chapter 160D procedures.
Advantages:
• Produces a modern, internally consistent, and defensible regulatory framework.
• Reduces interpretive ambiguity and improves administrative predictability.
• Strengthens public safety protections and reduces long-term fiscal exposure.
• Aligns with practices in peer North Carolina jurisdictions.
Disadvantages:
• Requires greater staff and legal drafting effort.
• May increase upfront development costs.
• Requires stakeholder engagement and transition planning.
Assessment:
This option provides the most durable solution and best mitigates long-term risk, particularly given the rural access
patterns and increasing subdivision activity in the County.
Alternative 4: Require Public Road Construction Standards for All Subdivisions
Provide strict private road and access easement requirements in all new subdivisions, including exempt
subdivisions, requiring construction to NCDOT standards as a condition of any subdivision approval.
Advantages:
• Ensures uniform roadway design and potential eligibility for state maintenance.
• Maximizes public safety and structural integrity.
• Simplifies emergency access planning.
Disadvantages:
• May be impractical in low-density rural subdivisions where NCDOT would not accept the road into the
Secondary Road System.
• Could increase development costs significantly.
• May reduce flexibility for rural conservation-oriented subdivisions.
• Does not eliminate long-term private maintenance if NCDOT declines acceptance.
Assessment:
While this option provides the highest structural standard, it may not be feasible in all rural contexts and could
constrain development flexibility without guaranteeing state maintenance.
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
Alternative 5: Hybrid Approach – Tiered Standards Based on Length and Lot Yield
Retain private road authorization but adopt tiered requirements based on roadway length, number of dwelling
units served, or anticipated vehicle trips. Possible structure consists of: Short, low-volume private access drives:
enhanced Class B-type standard, Medium-length subdivision roads: upgraded structural section and continuous
two-lane width, Long dead-end roads or those serving higher lot counts: require paved surface and enhanced
drainage design and Consider secondary access triggers at defined thresholds.
Advantages:
• Calibrates infrastructure requirements to functional demand and risk profile.
• Recognizes differences between short rural access lanes and extended subdivision roads.
• Provides policy flexibility while strengthening safety protections.
Disadvantages:
• Adds regulatory complexity.
• Requires careful threshold calibration to avoid unintended consequences.
Assessment:
This approach balances rural flexibility with risk-based standards and may be particularly suitable given Person
County’s development pattern.
Comparative Summary
Alternative Safety
Improvement
Administrative
Impact
Development Cost
Impact
Long-Term Risk
Reduction
No Action Low None None Low
Targeted
Amendments Moderate Moderate Moderate Moderate
Comprehensive
Rewrite High High (initially) Moderate–High High
Public Standards
Only High Moderate High High (where
accepted)
Hybrid Tiered
Approach High (calibrated) Moderate Moderate High
Preliminary Policy Consideration
Given the age of the ordinance, evolving emergency access requirements, and the County’s predominantly rural
subdivision pattern, a comprehensive modernization or structured hybrid approach appears most consistent with
long-term public safety objectives and risk management considerations. Incremental amendments may address
immediate deficiencies but are less likely to produce a fully integrated and future-ready regulatory framework.
Further directions from the Board will guide refinement of the preferred alternative prior to drafting formal
amendments.
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
V. RISK MITIGATION
The regulation of private roads presents a distinct risk profile for rural counties. Although construction and
maintenance responsibilities are assigned to private parties under N.C.G.S. §§ 136-102 and 160D-804, the County
retains regulatory oversight authority and, more importantly, a continuing obligation to protect public health,
safety, and welfare. Accordingly, private road standards function not only as development regulations but also as
a risk mitigation mechanism.
1. Life-Safety and Emergency Access Risk
In rural subdivisions, private roads frequently serve as the sole means of ingress and egress for multiple dwelling
units. Substandard roadway width, excessive grades, insufficient turnaround areas, or inadequate structural
capacity can materially impair fire suppression, EMS response, and law enforcement access. Delayed emergency
response attributable to inadequate infrastructure presents both direct life-safety consequences and reputational
risk to the County.
Additionally, long dead-end private roads increase vulnerability during extreme weather events, flooding, fallen
trees, or structural washouts. If a single point of access fails, residents may be isolated. Updated design criteria
for drainage capacity, structural section, and emergency vehicle maneuverability directly mitigate these risks.
2. Infrastructure Failure and Deferred Maintenance Risk
Because private roads are not maintained by the State or County, long-term performance depends on the
adequacy of initial construction and the effectiveness of private maintenance agreements. Where standards are
minimal or inspection protocols limited, premature pavement failure, base instability, and drainage degradation
are common.
In rural contexts, property owners’ associations may lack administrative capacity or financial reserves to perform
timely maintenance. As deterioration progresses, disputes among owners may arise, and pressure may be placed
on the County to intervene—either administratively or financially. Although the County is not legally obligated to
assume maintenance, political and public safety considerations can create practical pressure for involvement.
Clear construction standards, defined inspection protocols, and enforceable maintenance provisions reduce the
likelihood of infrastructure failure and the associated downstream fiscal risk.
3. Regulatory and Legal Exposure
Outdated or ambiguous standards increase interpretive discretion during plan review and approval. Inconsistent
application can create equal protection concerns, undermine defensibility in quasi-judicial proceedings, and
expose the County to legal challenge.
Further, where emergency access is demonstrably impaired due to inadequate standards, plaintiffs may assert
claims related to negligent regulatory oversight. While statutory authority assigns construction responsibility to
private developers, courts often evaluate whether local governments exercised reasonable regulatory judgment
consistent with contemporary professional practice.
Aligning standards with current NCDOT and AASHTO guidance strengthens defensibility and demonstrates
reliance on recognized technical benchmarks.
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
4. Fiscal and Political Risk
Private roads constructed to minimal specifications may deteriorate to a condition that generates public
dissatisfaction and requests for state or County acceptance. However, NCDOT acceptance is typically contingent
upon compliance with current construction standards and minimum density thresholds. Roads built to outdated
or substandard criteria may not qualify for inclusion in the Secondary Road System without substantial
reconstruction.
In such cases, residents may seek County assistance for upgrades, creating potential unfunded liabilities or capital
improvement pressures. Proactively strengthening standards reduces the probability of long-term public
expenditure resulting from private infrastructure deficiencies.
5. Operational and Administrative Risk
Limited inspection authority and the absence of professional certification requirements increase the likelihood of
construction variability. Over time, this may produce inconsistent roadway performance across subdivisions,
complicating enforcement and emergency response planning.
Modernized standards that require professional engineer certification, documented compaction testing, and as-
built verification shift technical accountability to qualified professionals and reduce reliance on staff interpretation
alone.
6. Climate and Hydrologic Variability
Storm intensity and rainfall patterns have shown increased variability in recent decades. Drainage infrastructure
designed to minimal recurrence intervals may be insufficient to maintain passability during significant storm
events. Culvert failure or overtopping can isolate rural residents and require emergency response resources.
Updating drainage design frequencies and incorporating contemporary hydrologic modeling standards reduces
exposure to roadway washout and access disruption.
Risk Management Objective
The overarching objective of updating the private road standards is not to shift maintenance responsibility to the
County, but to reduce the probability that substandard infrastructure creates life-safety hazards, legal exposure,
administrative burden, or future fiscal pressure.
A defensible, clearly articulated, and technically current regulatory framework functions as a preventive risk
management tool. By aligning requirements with contemporary engineering practice and emergency response
needs, the County positions itself to support orderly rural development while minimizing long-term public
exposure.
VI. RECOMMENDATION
Based on the foregoing analysis, staff recommends the comprehensive modernization of the Minimum
Construction Standards for Private Roads, including preparation of draft amendments for formal review and public
hearing.
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
The recommended approach is a structured update that:
• Aligns technical specifications with current NCDOT and AASHTO guidance
• Incorporates updated emergency access and turnaround requirements based on current fire apparatus
• Establishes clear inspection, certification, and documentation protocols
• Clarifies maintenance agreement requirements and enforcement authority
• Evaluates tiered standards appropriate to rural subdivision length and lot yield.
Findings of Fact:
• The County’s private road standards were adopted on March 9, 1987, and have not undergone
comprehensive revision since adoption.
• Transportation engineering standards, subdivision design practices, stormwater management criteria,
and emergency vehicle specifications have materially evolved over the past four decades.
• The current ordinance establishes minimum dimensional and material requirements but does not
incorporate contemporary compaction testing, professional certification, or updated drainage and sight
distance criteria consistent with current state and national standards.
• In rural subdivisions, private roads frequently serve as the sole means of ingress and egress for multiple
dwelling units, importance of adequate structural design and emergency access accommodation.
• N.C.G.S. §§ 136-102 and 160D-804 authorize private streets while assigning construction and maintenance
responsibility to private parties; however, the County retains regulatory authority and responsibility to
adopt standards reasonably necessary to protect public health, safety, and welfare.
• Failure to update outdated technical standards increases the potential for inconsistent application,
infrastructure deterioration, impaired emergency access, and long-term fiscal or legal exposure.
• Numerous peer North Carolina counties have modernized private street regulations to reflect
contemporary engineering and statutory frameworks, supporting the reasonableness of similar action.
Based on these findings, staff concludes that modernization of the ordinance is necessary and appropriate to
ensure that private roads constructed within the County provide safe, durable, and functionally adequate access
consistent with current professional standards.
VII. CONCLUSION
The County’s 1987 private road standards established a foundational regulatory framework appropriate to the
development conditions and technical practices of that time. However, the evolution of engineering standards,
statutory authority, emergency response requirements, and rural subdivision patterns necessitates a
comprehensive reassessment.
Private roads represent a unique regulatory category: while privately maintained, they function as critical access
infrastructure for residents and emergency services. As such, the adequacy of their design and construction
directly affects life safety, operational reliability, and long-term public exposure.
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
Modernizing the standards will enhance regulatory clarity, strengthen defensibility, and reduce long-term risk
without transferring maintenance responsibility to the County. A carefully structured update will preserve
development flexibility in rural areas while ensuring that minimum infrastructure thresholds reflect contemporary
technical and safety expectations.
Accordingly, staff recommends proceeding with preparation of draft amendments for formal consideration by the
Planning Board and Board of Commissioners.
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
APPENDIX
• Vance County, NC – Private Road Standards
• New Hanover County, NC – Private Road Standards
• Gilford County, NC – Private Road Standards
ROAD STANDARDS; TRANSPORTATION, ROADWAY ACCESS AND CIRCULATION STANDARDS
§ 155.065 ROADS MUST MEET STANDARDS.
Any extension of an existing road or any creation of a new road must meet or exceed the standards of this chapter.
(Ord. passed 6-7-2004, § 313) Penalty, see § 10.99
§ 155.066 MINOR SUBDIVISION ACCESS.
Minor subdivision access shall be in compliance with §§ 155.090 et seq.
(Ord. passed 6-7-2004, § 313.1) Penalty, see § 10.99
§ 155.067 MAJOR SUBDIVISION ACCESS.
Each lot in a major subdivision shall front on and have ingress from and egress to a dedicated public road meeting the
standards of §§ 155.065 et seq., except as provided for in § 155.050(G).
(Ord. passed 6-7-2004, § 313.2)
§ 155.068 PUBLIC OR PRIVATE ROADS DESIGNATED ON PLAT.
Public or private roads within, abutting or adjacent to a proposed subdivision shall be designated on the preliminary and
final plats and shall be arranged consistent with the use, character, extent, width, grade, proposed and existing
transportation patterns, topographical and natural features, shall enhance public convenience and safety and shall be
constructed and maintained to the standards of this chapter, the minimum construction standard established by the NC
Department of Transportation or the standards of the American Association of State Highway Officials. If there is a conflict
between any of these standards, the more restrictive shall apply.
(Ord. passed 6-7-2004, § 313.3) Penalty, see § 10.99
§ 155.069 EXTENSION OF PUBLIC ROADS.
(A) Any public road that is proposed to be extended shall be extended as a public road and shall cause a subdivision
application to become a major subdivision and subject to the standards for major subdivisions contained in this chapter.
(B) A full set of construction drawings, including, but not limited to, right-of-way, roadway width, center line data, curve
data, plan and profile sheets, location of all proposed traffic control devices and drainage structures shall be prepared by a
professional engineer, or other design professional as allowed by North Carolina General Statutes, submitted and approved
prior to commencing construction.
(C) The county shall have the option of contracting for the review of the plans at the developer's expense or shall review
plans with appropriate staff.
(D) Construction shall be inspected and certified by a professional engineer, or other design professional allowed by
North Carolina General Statutes, as complying with NCDOT and/or Vance County specifications. Laboratory test reports
shall be submitted with 1 complete set of certified as-built plans for roadway construction at the completion of construction.
Permits from the Vance County Planninq Office or the North Carolina Department of Transportation for driveway, street,
public or private connection to an existing road system must be approved and issued prior to the issuance of development
permits.
(E) Construction and maintenance shall occur in accordance with the North Carolina Department of Transportation Best
Management Practices (BMP) and shall occur in accordance with the North Carolina Erosion and Sedimentation Act of 1973
and subsequent amendments.
(F) In lieu of actual prior approved construction, construction assurances as required in §§ 155.145 et seq. shall be
required before final plat approval.
(Ord. passed 6-7-2004, § 313.4) Penalty, see § 10.99
§ 155.070 PUBLIC ROADS.
(A) Designation of any road on a plat as public road shall be conclusively presumed to be an offer of dedication to the
public.
(B) Roads serving the general public and determined by the Planning Board as through roads within a local road network
shall be designated as public roads.
(C) All lots within a subdivision shall abut a dedicated public road except where the use of a private road is permitted in
§§155.040 et seq. or this subchapter, or permitted in accordance with the provisions of § 155.073.
(Ord. passed 6-7-2004, § 313.5)
§ 155.071 PRIVATE ROADS BY TYPE.
Vance County, NC
(A) Generally. A private road shall be designated as existing, new or extended, as described below, on a Minor-
Subdivision Plat.
(B) Existing private roads. Private roads, the existence of which can be established by documentary evidence, aerial
photograph or judicial decree, are existing private roads. The portion of the existing private road which serves as frontage for
new lots in the subdivision must meet or exceed the Class 1 or Class 2 private road standards in § 155.072(G), (H), and (I).
(C) New private roads. New private roads within a proposed subdivision that serve as frontage and/or access for lots
must meet or exceed the Class 1 or Class 2 private road standards in § 155.072(G) and (H). A connecting private access
road, if any exists, must meet the Class 1 minimum private road standards of §§ 155.040 et seq. and 155.065 et seq.
(D) Extended private roads. Extended private roads are considered to be new private roads for the purpose of
determining the required class of road.
(Ord. passed 6-7-2004, § 313.6)
§ 155.072 PRIVATE ROAD BY CLASS; PRIVATE ROADS AND PRIVATE ACCESS EASEMENTS BY CLASS, RIGHT-
OF-WAY, OWNERSHIP AND CONSTRUCTION STANDARDS.
(A) Disclaimer. The standards described herein are the minimum set forth by Vance County. The county has not
determined, and is not responsible for determining, that these standards are adequate or appropriate for all situations and
uses by land owners. Roads not meeting NCDOT standards will not be accepted by NCDOT until compliance is achieved.
(B) Ownership. A Class 1 or Class 2 private road right-of-way and the improvements therein shall be held in common
ownership (e.g., Home Owner's Association) by those properties fronting on and/or having access to the road.
(C) Right-of-way width. Minimum right-of-way width required: 60 feet.
(D) Safe 2-way passage of traffic. All private roads and private access easements shall be designed and constructed to
permit the safe 2-way passage of traffic based upon the appropriate construction standards for private roads as shown in
divisions (G) through (I) below.
(E) Safe intersection. The design, location and improvement of all private roads and private access easements shall
provide for safe intersection with public and private roads; for safe passage of public service and emergency vehicles; and
protection of adjoining property.
(F) Obstacles. All private road and private access easement rights-of-way shall be free and clear of obstacles, including
vegetation, abandoned vehicles and other similar objects.
(G) Class 1 private road.
(1) Maximum number of lots permitted to have access. None; and
(2) Construction standard. The road shall be constructed in accordance with the North Carolina Department of
Transportation - Subdivision Roads, Minimum Construction Standards, except that no pavement is required.
(H) Class 2 private road.
(1) Maximum number of lots permitted to have access. Seven; and
(2) The road shall be constructed in accordance with the North Carolina Department of Transportation - Subdivision
Roads, Minimum Construction Standards, except that:
(a) No pavement is required;
(b) The minimum width of the road surface may be reduced to 16 feet; and
(c) There shall be at least 1 shoulder 5 feet in width.
(I) Private access easement.
(1) Ownership. A private access easement and the improvements therein may be held in:
(a) Common ownership (e.g., Home Owner's Association) by those properties fronting on and/or having access to the
road; or
(b) Individual ownership of the property owner of the lot of record from which a minor subdivision is created, provided
that the individual owner shall be responsible for the construction and perpetual maintenance of the access drive required to
be constructed within the easement. (See § 155.093(C)(6) for maintenance documents required at time of minor subdivision
application.)
(2) Minimum right-of-way width required. Twenty-five feet;
(3) Maximum number of lots permitted to have access. Four; and
(4) Construction standard. An access drive shall be constructed in accordance with this chapter above and:
(a) The minimum width of the access drive shall be 12 feet of vehicular travel surface; and
(b) There shall be at least 1 stable shoulder 5 feet in width.
(Ord. passed 6-7-2004, § 313.7) Penalty, see § 10.99
§ 155.073 PRIVATE ROADS ALLOWED.
(A) Permitted use of private roads within condominium, townhouse and gated community development. The design,
location and improvement of private roads shall provide for safe intersection with public roads, safe passage of public
service and emergency vehicles and protection of adjoining parcels. Private roads shall be permitted in major subdivisions
on land held by a homeowners association or where public access is restricted by means of a gate or guardhouse.
(1) A copy of the articles of incorporation and bylaws of the homeowners association providing for 1 lot, 1 vote
membership formula shall be filed with the Planning Department.
(2) The governing covenants shall require the payment of periodic assessments to the homeowner's association on no
less than an annual basis and shall be sufficient to maintain the private streets or roadways of the subdivision. Delinquent
unpaid assessments shall constitute a lien against the assessed properties.
(3) Provisions shall be made for a school bus to enter subdivision, turn around without backing up and exit in the
shortest distance possible and a letter of permission (wavier of liability) for the bus to enter and exit shall be filed with and
approved by the Superintendent of Schools. A copy of the approval shall be filed the Planning Department.
(4) (a) Provisions shall be made for postal delivery to enter subdivision, turn around without backing up and exit in the
shortest distance possible and a letter of permission (wavier of liability) for the bus to enter and exit shall be filed with and
approved by the Postal Service.
(b) A copy of the approval shall be filed the Planning Department. Postal delivery locations shall not be within the
public right-of-way, within a vehicular sight triangle or impede the flow of traffic into or out of the subdivision.
(B) Other permitted use of private roads. The Planning Board may approve construction and use of private roads where:
(1) An existing, new or extended private road included as part of a proposed subdivision cannot serve as part of a
through road within a local road network because physio-geographical characteristics or other intervening manmade
characteristics make it impractical or unreasonable to extend the public roads to connect to adjoining roads or land;
(2) There will be fewer than 2 lots for each 1/10 of a mile of road and deed restrictions or zoning prevent further re-
subdivision;
(3) A road is less than 2/10 of a mile, serves fewer than 4 lots and deed restrictions or zoning prevent further re-
subdivision;
(4) A cul-de-sac is less than 2/10 of a mile, serves fewer than 4 lots and deed restrictions or zoning prevent further re-
subdivision;
(5) A subdivision access road is less than 1 mile and provides ingress and egress for fewer than 5 lots;
(6) A subdivision access road is over 1 mile in length and provides ingress and egress for fewer than an average of 5
lots per mile. A subdivision access road is a road built through vacant property to provide access to the property being
developed. This road would not have lots platted along it. (NCDOT definition); or
(7) All adjoining land has been previously developed and the proposed subdivision does not:
(a) Provide access to adjoining property;
(b) Create any new or residual parcels which do not satisfy the requirements of this chapter or other applicable local
and state controls;
(c) Involve the extension of public sewerage or water lines or the creation of new drainage easements; and
(d) Create lots or locate a road entirely or substantially in a flood hazard area as defined by Chapter 153.
(Ord. passed 6-7-2004, § 313.8.9) Penalty, see § 10.99
§ 155.074 PRIVATE ROAD REQUIREMENTS.
(A) Generally. The minimum standards for private roads are as follows.
(B) Minimum standards.
(1) The design, location, maintenance and improvement of private roads shall provide for safe intersection with public
roads, safe passage of public service and emergency vehicles and protection of adjoining parcels.
(2) (a) The applicant shall submit proposed agreements or covenants ensuring continued use and maintenance of any
existing, platted or proposed private roads by landowners served by the roads.
(b) These agreements will specify how responsibility for road maintenance will be apportioned among the landowners
served, and will provide enforcement rights for the maintenance agreement.
(3) For all subdivisions with Class 1 or Class 2 private roads, a full set of construction drawings, including, but not
limited to, right-of-way width and location, roadway width, center line data, curve data, plan and profile sheets, location of all
proposed traffic control devices and drainage structures, shall be prepared by a professional engineer, or other design
professional as allowed by North Carolina General Statutes, submitted and approved prior to commencing construction.
(4) The county shall have the option of contracting for the review of the plans at the developer's expense or shall
review plans with appropriate staff.
(5) Construction shall be inspected and certified by a professional engineer, or other design professional allowed by
North Carolina General Statutes, as complying with Vance County and/or NCDOT specifications. Laboratory test reports
shall be submitted with 1 complete set of certified as-built plans for roadway construction at the completion of construction.
(6) Construction and maintenance shall occur in accordance with the North Carolina Department of Transportation Best
Management Practices (BMP) and shall occur in accordance with the North Carolina Erosion and Sedimentation Act of 1973
and subsequent amendments.
(7) In lieu of actual prior approved construction, construction assurances as required in §§ 155.145 et seq. shall be
required before final plat approval.
(Ord. passed 6-7-2004, § 313.10) Penalty, see § 10.99
§ 155.075 STANDARDS FOR ALL ROADS.
(A) Coordination with existing road system. The proposed road layout within a subdivision shall be coordinated with the
existing and proposed road network within the surrounding area (as established on the adopted Thoroughfare Plan for
Vance County and the road layout within existing and approved subdivisions in the general area), including the extension
and interconnection of roads between adjacent properties where appropriate to the development of a local road network.
(B) Access to adjacent properties or future phases.
(1) (a) All roads providing access to adjoining property shall be located so as to best ensure the safe, convenient and
efficient movement of traffic within a local road network as well as the orderly development of adjacent properties.
(b) All dead end private roads must terminate in a cul-de-sac for turning around of emergency equipment.
(2) Where an adjoining property gains access through the property contained in the proposed minor subdivision to a
public road, this access shall be:
(a) Included in the private road right-of-way which shall be conforming with the lines of the existing easements;
(b) The original access may be abandoned and an alternative access easement, which follows a new private road
alignment, dedicated and recorded; and
(c) The lots shall be counted toward the number of lots permitted on a Class 1 or Class 2 private road.
(C) Reserve strips and non-access reservations. Reserve strips or non-access reservations that control access to roads,
waterways, parks or the like, and other reserved strips shall be permitted only if their purpose, location, dimensions and
manner of control is approved by the Planning Board.
(D) Access to major thoroughfares. Subject to the restrictions in §§ 155.040 et seq. and 155.065 et seq., direct driveway
access from minor subdivision lots shall be permitted to and from numbered NCDOT (public) roads in Vance County except
for those roads identified as Interstate Highway, Principal Arterial, Minor Arterial, Major Collector, and Minor Collector roads
in the Thoroughfare Plan for Vance County and the table below.
NCDOT (Public) Roadways Not Permitting Direct Access
NCDOT (Public) Roadways Not Permitting Direct Access
Interstate Highways I-85
Principal Arterials US 1/158 north from the Henderson city limits to Warren County
US 1 bypass south from the Henderson city limits to Franklin County
Minor Arterials NC 39 south from the Henderson city limits to Franklin County
Major Collectors
US 158 Bus. west from the Henderson city limits to Granville County
US158 bypass west from the Henderson city limits to Granville County
US 1 Business north and south from the Henderson city limits to US 1
north and south
NC 39 north from the Henderson city limits to the Virginia state border
(E) Road names.
(1) A road name shall be assigned to any private road or private access easement which provides vehicular access to 2
or more parcels.
(2) Any proposed road which is in alignment with an existing road shall be given the same name.
(3) All private roads and private access easements shall have the suffix “lane.”
(4) New road names shall not duplicate or closely approximate the names of existing or reserved subdivisions,
apartment complexes, mobile home parks, roads, lanes, drives or streets within the county, within municipalities in the
county, or in adjoining counties within one mile of Vance County.
(5) New street names shall be approved by the Planning Board at the time of plat final approval and addressing will be
assigned by Emergency Operations Offices.
(6) Street names should be simple, use the most common spelling and may not exceed 15 characters in length.
(F) Half streets. Where there exists a half-street along a common property line in an adjoining subdivision, the remaining
half shall be provided by the proposed subdivision.
(G) Direct access to adjoining major thoroughfare. If alternative access from a road of lower classification is possible, no
direct access shall be allowed to an adjoining major thoroughfare unless permitted by NCDOT and approved by the Planning
Board.
(H) Separation of access points along adjoining major thoroughfare. Driveways and/or intersecting roads from an
adjacent subdivision to a major thoroughfare shall be separated in accordance with NCDOT or Vance County standards,
whichever is the more restrictive.
(I) Major thoroughfare right-of-way dedication or reservation.
(1) Dedication of right-of-way abutting existing major thoroughfare roads. A subdivision abutting an existing major
thoroughfare road shall include dedication of any additional right-of-way along the site's frontage on the major thoroughfare
that is needed to widen the right-of way to at least 1/2 the minimum right-of-way shown in Table D-1 of the Thoroughfare
Plan for Vance County but in no case less than 35 feet from the centerline of the roadway.
(2) Proposed new thoroughfares.
(a) Incorporation of thoroughfare, if:
1. The Thoroughfare Plan for Vance County proposes a new major thoroughfare across part of a subdivision site;
2. An alignment for the thoroughfare has been determined to a reasonable degree of certainty (for example, as a
centerline alignment on a functional design plan); and
3. The thoroughfare could appropriately serve to provide direct access to the subdivision; then the subdivision shall
be classified as a major subdivision, comply with the requirements of §§ 155.040 et seq., 155.065 et seq., 155.090 et seq.,
and 155.125 et seq., and incorporate the major thoroughfare into its internal road layout with 1 of the subdivision roads along
the proposed thoroughfare alignment constructed to NCDOT standards for a residential collector road.
(b) 1. Reservation of future right-of-way, if:
a. The Thoroughfare Plan for Vance County proposes a new major thoroughfare, other than one defined in
division (I)(2)(a)1. above, across part of a subdivision site;
b. An alignment for the thoroughfare has been determined to a reasonable degree of certainty; and
c. The subdivision shall include dedication of the thoroughfare's future right-of-way.
2. Land area needed as future right-of-way shall be determined from NCDOT plans or otherwise by applying half the
right-of-way width recommended in the Thorouqhfare Plan for Vance County along each side of the thoroughfare's proposed
centerline alignment.
(c) If neither division (I)(2)(a) or (I)(2)(b) above applies, no incorporation or reservation of a future right-of-way for a
proposed major thoroughfare across a proposed minor subdivision is required. The Planning Board may not delay final
approval of a particular subdivision plan for failure to comply with division (I)(2)(b) above for more than 3 years after the date
the application for plan approval has been accepted by the Planning Department as complete.
(3) Record plat notice of future right-of-way. A Thoroughfare Plan recommending the widening of an existing major
thoroughfare abutting a subdivision site, or proposing a new major thoroughfare across part of a subdivision site, the
recorded plat shall include notice of such. If the area needed for the planned widening or construction for a new
thoroughfare can be ascertained with a reasonable degree of certainty, the record plat shall delineate it and label it as future
right-of-way.
(J) Road design in water supply watersheds.
(1) All proposed roads shall follow topographical contours of the site as closely as possible.
(2) Curb and gutter shall be prohibited.
(3) New roads shall be designed and constructed to divert storm-water runoff away from directly draining into surface
water supply waters and shall utilize watershed Best Management Practices.
(K) Subdivision street; disclosure statement.
(1) The right-of-way of any new road or change in any existing road shall be delineated on a subdivision plat and shall
be designated either public or private in accordance with G.S. § 136-102.6.
(2) Any road designated on a plat as public shall be conclusively presumed to be an offer of dedication to the public and
shall meet applicable NCDOT standards.
(3) A certification designating each road as either public or private shall be affixed to the face of the recorded plat in
accordance with § 155.069(B). Private roads required to be built to NCDOT standards but not eligible because of too few
lots or residences shall be dedicated to the public and shall meet the standards in this chapter.
(L) Subdivision access and entrance roads.
(1) Access shall be consolidated wherever possible.
(2) Supporting data verifying the capacity and safety of the access from a public to a private road shall be submitted
and approved.
(3) Private road and private access easement entrances to a subdivision shall be a minimum of 300 feet from the
intersection of 2 public roads and access points shall be a minimum of 200 feet apart.
(4) All entrances shall conform with the NCDOT “Policy on Street and Driveway Access to North Carolina Highways.”
(M) Driveway permits. DOT approval of the location of an individual lot driveway entrance to a public or private road or a
private access easement shall be received prior to the issuance of a development permit.
(1) There shall be a minimum distance of 150 feet between an individual driveway and a private road or private access
easement entrance to the subdivision.
(2) A individual lot driveway entrance shall be located a minimum distance of 150 feet from the intersection of 2 roads
within a subdivision.
(3) There shall be a minimum of 550 feet clear sight distance for any driveway providing access onto a public road
unless the road has a posted speed of 45 mph or lower or a design speed of 50 mph or lower in which case the “Desirable
Stopping Site Distance” as shown in Table D-5 of the “Thoroughfare Plan For Vance County” shall be required.
(N) Intersections.
(1) Streets shall intersect with angles of 75 to 90 degrees. Under extreme conditions, intersections with angles from 60
to 75 degrees may be acceptable when approved by the NCDOT District Engineer and must adhere to the design standards
of the NCDOT Policy on Street and Driveway Access.
(2) Where intersections cannot be aligned, the centerlines of the streets shall be offset by a minimum length of 200 feet.
(3) All streets crossing natural areas, wetlands or stream buffers must cross at or as near to 90 degrees as possible.
(4) The grade on stop streets approaching an intersection shall not exceed 5% for a distance of not less than 100 feet
from the centerline of the intersection. Under extreme conditions, grades of less than 1/2% or in excess of 5% may be
acceptable and are to be submitted for consideration to the NCDOT District Engineer.
(5) An intersection shall not include more than 4 road approaches.
(O) Alleys. Except where necessitated by unusual circumstances, alleys shall not be provided. If provided, they shall be
constructed within an access easement of at least a 25 feet width and connect with roads or provide adequate turn around
improvements at the end of the alley.
(P) Permits for connection to public roads. An approved permit is required for connection to any existing NCDOT state
system road. This permit is required prior to the construction of a private road or private access easement. The application is
available at the office of the District Engineer of the Division of Highways. All permit applications shall be in conformance
with NCDOT, “Policy on Street and Driveway Access.”
(Q) Offset to utility poles. Poles for overhead utilities should be located clear of roadways shoulders, preferably a
minimum of at least 30 feet from the centerline of the road, based on standard 60-foot right-of-way. On streets with curb and
gutter, utility poles shall be set back a minimum distance of 16 feet from the face of curb.
(R) Handicap access and wheel chair ramps. All street curbs being constructed or reconstructed for maintenance
purposes, traffic operations, repairs, correction of utilities, or altered for any reason, shall include provisions for the
physically handicapped in conformance with G.S. § 136-44.14, the NCBC Volume 1-C (Handicap) and the NCDOT
standards at intersections where both curb and gutter and sidewalks are provided and at other major points of pedestrian
flow.
(S) Street and lot lighting. Subdivisions with lots of 20,000 square feet or less and/or any other proposed street lighting
require a unified street lighting system. All residential street lighting and all lighting on lots shall be shielded.
(T) Curb and gutter. Curb and gutter shall be not be required or permitted unless the continuity of previous street work
necessitates curb and gutter. Where curb and gutter is unavoidable, the construction shall be in conformance with NCDOT
standards.
(U) Vehicular sight distance easements. Triangular sight distance easements shall remain free of all structures, trees,
shrubbery, driveways and signs, except traffic-control signs, and shall be shown in dashed lines at all street intersections
and so noted on the subdivision plat. Final determination of the location and extent of sight distance easements will be made
by the jurisdiction in cooperation with the NCDOT District Engineer. Generally:
(1) Property lines at intersections shall be rounded with the following radii: private roads with private roads - 20 feet;
and
(2) A vehicular sight triangle per NCDOT “Policy on Street and Driveway Access to North Carolina Highways.”
(V) Islands or short medians at subdivision entrances. Approval of proposals for islands or medians at private road
entrances shall be on an individual basis by the Division Engineer and shall conform to the NCDOT - “Subdivision Roads,
Minimum Construction Standards” and approval will be with the following understanding.
(1) The Division of Highways will not maintain the island or median section.
(2) The island or the median section will be removed if it is not properly maintained.
(3) The minimum lane width at the entrances, excluding curb and gutter will be 14 feet.
(W) Traffic-control signs.
(1) The NCDOT District Engineer shall be responsible for the review and approval of plans for traffic-control signs and
devices for private roads within the subdivision and may require additional signs in the interest of public safety. The number,
placement and quantity for traffic-control signs shall conform to the “Manual on Uniform Traffic Control Devices (MUTCD).”
(2) The county shall be responsible for the acquisition and installation of all traffic-control signs.
(3) The developer shall be responsible for the costs of signs and the costs for installing the signs. The costs for the
signs and installation shall be included in the fee schedule. These costs shall be calculated and shall be payable upon
preliminary plat approval.
(4) The proposed construction schedule should reflect the time of installation of traffic and street naming signs, and the
locations shall be staked by the surveyor in accordance with the construction schedule. The developer shall have the
responsibility to coordinate installation with the county.
(X) Street naming signs. The county shall be responsible for the acquisition and installation of all street naming signs.
The cost of signs and installations shall be included in the fee schedule and shall be payable upon preliminary plat approval.
(Y) Guard rails. No banks or slopes within a public right-of-way directly adjacent to a minor subdivision or within a private
road right-of-way shall have a slope steeper than 1 foot rise to 4 foot run. Within reason, pre-existing non-conforming slopes
shall be brought into conformance. Slopes at or steeper than 1 foot rise in 2 foot run shall be protected by a guardrail along
the shoulder of the road.
(Z) Break-away posts. All traffic signs, street naming signs, mail boxes or other similar objects installed on posts located
within the right-of-way shall be installed with break-away posts.
(Ord. passed 6-7-2004, § 313.11) Penalty, see § 10.99
STANDARDS FOR SUBDIVISIONS
§ 155.090 GENERALLY.
(A) The Vance County Planning Board has the right and responsibility to review, and require revisions to, any proposed
subdivision plat.
(B) The purpose of this review is to:
(1) Relieve demonstrable adverse impacts of the development upon public safety, health or welfare;
(2) Determine that adequate and sustainable utilities and services are available for the development;
(3) Protect public investments in roads, drainage facilities, sewage facilities and public water supplies;
(4) Preserve the value of land and development; and
(5) Assure that the regulations of Vance County are upheld.
(Ord. passed 6-7-2004, § 401)
§ 155.091 PURPOSE.
The purpose of §§ 155.090 et seq. is to establish the procedure for review of and action on subdivisions and certain
standards for the development of minor subdivisions. The procedure is intended to provide orderly and expeditious
processing of subdivisions.
(Ord. passed 6-7-2004, § 402)
§ 155.092 APPROVAL REQUIRED.
(A) Prior to the commencement of any construction, including clearing and grading for a proposed subdivision or the
expansion of an existing subdivision, a minor subdivision plat shall be prepared in accordance with the requirements of this
chapter, reviewed and approved by the Vance County Planning Board.
(B) No permits of any kind shall be issued on a lot within a subdivision until a final plat is approved by the Vance County
Planning Board.
(C) No lots may be sold or building permits issued until a subdivision plat has been recorded with the Vance County
Register of Deeds.
(Ord. passed 6-7-2004, § 403)
§ 155.093 PRIVATE ROAD AND PRIVATE ACCESS EASEMENT CONSTRUCTION PLAN SUBMITTAL, REVIEW,
CONSTRUCTION, INSPECTION AND MAINTENANCE REQUIREMENTS.
(A) Approval required. A subdivision plat approved with a requirement for a Class 1 or Class 2 private road shall not be
signed by the authorized Planning Agent or Planning Board Chairperson or filed with or recorded by the Vance County
Register of Deeds until:
(1) Construction plans prepared by a professional engineer or other design professional as allowed by North Carolina
General Statutes has been submitted for review and approved by the county in accordance with §§ 155.065 et seq. and
other applicable provisions of this article; and
(2) Any plans meeting the standards of this subchapter have been reviewed and approved by Vance County; and
(3) Any private road improvements have been constructed and inspected, and approved by Vance County in
accordance with this subchapter; or
(4) A financial surety to guarantee the completion of required construction is provided in accordance with the provisions
of §§ 155.145 et seq.
(B) Minor subdivision with private access easement. A minor subdivision plat approved with a requirement for a private
access easement shall not be signed by the authorized Planning Agent or Planning Board Chairperson or filed with or
recorded by the Vance County Register of Deeds until:
(1) Permanent vehicular access improvements meeting the standards of §§ 155.065 et seq., and other applicable
standards of §§ 155.065 et seq., are constructed and are certified as constructed by the applicant/subdivider; or
(2) A financial surety is provided in accordance with the provisions of §§ 155.145 et seq.
(C) Construction plan review; detailed construction plan submittal, review and authorization to proceed requirements.
After the Planning Board has given approval to a subdivision plat, the applicant is authorized to prepare detailed
construction plans for roadway and other improvements if appropriate.
(1) Information required for construction plan submittal. The construction plan submittal shall include all required
materials specified in this chapter.
(2) Review of construction plans.
(a) The Planning Department shall review the plans to determine that the construction plans are in accordance with
the approved preliminary plat and the requirements of this chapter. The Planning Department may forward copies of the
construction plan submittal to the Technical Review Committee and to other appropriate state and local agencies for review
and recommendations.
(b) Following this joint review, the authorized Planning Agent shall, in writing, approve the construction plan submittal
as proposed, approve the plan with conditions or modifications, or in the case of major deficiencies disapprove the
submittal. If the submittal is disapproved, reasons for disapproval shall be stated in writing, and the subdivider may correct
any deficiencies and submit a revised construction plan for approval.
1. The authorized Planning Agent shall return 1 copy of the construction plan submittal, the recommendations of
state and local agencies, and his or her decision to the subdivider, retaining 1 copy of each of the documents.
2. If the construction plan submittal is complete and is in accordance with the approved preliminary plan and the
requirements of this chapter, the authorized Planning Agent will authorize the subdivider to proceed with construction. The
intent of this authorization is to enable the execution of the approved plat and construction plans in the field and shall not be
construed to entitle the recipient to offer any lot for sale.
3. The authorization to proceed, once approved, may be revoked, if there has been alteration of the site or soil
conditions, changes to the proposed facility or document falsification causing revocation of the permit.
4. Upon the approval of the construction plan submitted, the subdivider may prepare a record plat. The subdivider
may also begin to install the roads, utilities and other improvements in accordance with the approved construction plans and
requirements and other state and local laws. Approval of a construction plan under this subchapter shall be valid for a period
of 6 months and will not be invalidated by any changes and amendments to the Vance County ordinances. Projects may be
phased for construction purposes, however, compliance shall be achieved in each phase and other requirements are met.
(3) Construction progress prerequisite.
(a) No construction or installation of improvements shall commence in a proposed subdivision until the construction
plan has been approved, and all plans and specifications have been approved and signed by the appropriate authorities.
(b) No building or other permit shall be issued for erection of a structure on any lot not of record at the time of
adoption of this chapter or created in compliance with this chapter until all requirements of applicable state and local laws
have been met.
(4) Completion of improvements. An improvement is deemed completed when certified to have been installed in
accordance with the approved plat and construction plan by the appropriate agency.
(5) Platting before completion of improvements; disclosure statement.
(a) If all required improvements are not completed before the record plat is presented for recordation, the plat may be
accepted, approved and recorded if it includes a statement disclosing the status of any uncompleted improvements. Failure
to complete the required improvements by the scheduled completion date set forth in the construction schedule will result in
the suspension of any permits for more than 50% of the lots shown on the recorded plat. Certificates of occupancy shall not
be issued for any lot until all required water supply and sewage disposal improvements serving the lot have been completed
and are fully functional. The construction schedule shall indicate when construction or installation of each uncompleted
improvement will be completed. The schedule shall be subject to the Planning Department approval.
(b) The disclosure statement shall include the subdivider's signed and notarized acknowledgment that:
1. The subdivider is responsible for the construction or installation of all required improvements in accordance with
the approved preliminary plat and construction plan and the schedule contained in this statement; and
2. The subdivider will provide the prospective buyer of any lot shown on the final plat with written disclosure of:
a. The subdivider's responsibility and schedule for completing required improvements;
b. This section's provisions regarding the withholding of building permits and certificates of occupancy pending
completion of required improvements; and
c. Any inquiries concerning the subdivision's current status concerning the completion of required improvements
and the withholding of building permits and certificates of occupancy pending completion of required improvements.
(6) Improvements to be maintained.
(a) The record plat shall include the subdivider’s signed and notarized acknowledgment that the subdivider is
responsible for the maintenance of all required improvements until the responsibility is assumed by a unit of government,
public utility, homeowners’ association, lot owner, or other legal entity.
(b) The subdivider will provide the prospective buyer of any lot shown on the record plat with written disclosure of:
1. The subdivider’s responsibility for maintaining required improvements; and
2. This section’s provisions regarding the withholding of building permits.
(c) The record plat shall also include a statement referencing any inquiries about the application of this section's
provisions.
(7) Construction inspection and administrative procedures. All construction shall be in accordance with the approved
plat, approved construction plans and all applicable state and local laws.
(a) As the work pursuant to an approved plat and construction plans progresses, the authorized Planning Agent is
hereby authorized and directed to make the inspections as are necessary to determine satisfactory compliance with this
chapter and to the approved plat. It shall be the duty of the owner or his or her authorized agent to give free access to the
premises at reasonable times for the purpose of inspection or other enforcement action.
(b) The Planning Agent may require test, test reports or specific analysis as proof of compliance. Tests or analyses
shall be performed at the expense of the owner or his or her agent, and by an approved testing laboratory or other approved
testing laboratory or other approved agency or registered design professional. Required test or analysis for code compliance
is specified in the NC technical codes.
(c) Upon completion of construction and the submittal of all required documentation, the developer shall request a
final inspection from Planning Department. Upon determination of full compliance with all appropriate specifications and
regulations, the authorized planning agent shall issue a certificate of compliance. If the development is to be built in phases,
a separate certificate of compliance will be issued for each phase of development.
(8) Violations.
(a) Upon determination of violation of applicable state and local laws, ordinances or other regulations, the Planning
Agent shall give written notice to the owner by certified or registered mail to the last known address or by personal service,
requiring the owner to remedy the deficiencies within the period as the administrator may prescribe.
(b) Whenever a property is in violation of this chapter, the Planning Agent may order the work to be immediately
stopped. The stop-work order shall be in writing and directed to the person doing the work. The stop-work order shall state
the specific work to be stopped the specific reasons for the stoppage, and the conditions under which the work may be
resumed.
(c) Upon determination of substantial departure from approved plans and/or specifications; or for refusal or failure to
comply with the requirements applicable state or local ordinances, codes, laws, regulations; or for making false statements
or misrepresentations made in securing the approvals; or any authorization to proceed mistakenly issued in violation this or
other applicable codes or regulations, the Planning Department shall revoke the authorization to proceed.
(d) If the owner fails refuses to comply with an order to take corrective action, he or she shall be subject to any and all
remedies of the law as assigned to the regulatory agency or as is determined by the court.
(e) Failure or refusal to comply with an order to take corrective action and within the prescribed time period shall
result in the suspension of related permits and/or blocking issue of further permits as is determined by the authorized
planning agent.
(Ord. passed 6-7-2004, § 404) Penalty, see § 10.99
§ 155.094 MINOR SUBDIVISION ROADS AND LOT ACCESS PROVISIONS.
(A) Minor subdivision lot access. Notwithstanding access provisions located elsewhere in this chapter, minor subdivision
lots shall be permitted to have direct access to:
(1) An existing public road, provided that the following conditions are met:
(a) The public road is not a major thoroughfare listed in § 155.075;
(b) Site distance from a driveway for a minor subdivision shall meet or exceed the requirements as is stated in Table
D-5 in the “Thoroughfare Plan For Vance County”;
(c) Driveways connecting to a public road shall be configured to permit vehicles to leave the lot facing forward; and
(d) Cleared site triangle easements shall be provided on all lots with direct access to a public road.
(2) An existing private road that meets the standards of this chapter;
(3) A Class 1 private road meeting the standards of this chapter;
(4) A Class 2 private road (accessed by seven or fewer lots) meeting the standards of this chapter; or
(5) A private access easement (accessed by 4 or fewer lots) meeting the standards of this chapter.
(B) Private road by type; existing or new. See § 155.071.
(C) Private road by class. See § 155.072.
(Ord. passed 6-7-2004, § 405)
§ 155.095 REQUIRED IMPROVEMENTS AND MINIMUM STANDARDS OF DESIGN.
(A) The purpose of these standards is to give voice to aspects of development in Vance County and enhance the
physical design, natural topography, plant life, street hardware and other objects observed by the public. These standards
are not intended to restrict imagination, innovation or variety, but to focus on the design principles which preserve taxable
values, and preserve natural resources to the public health, safety and welfare.
(B) The landscape shall be preserved in its natural state insofar as practicable, by minimizing tree and soil removal. Any
grade changes shall be in keeping with the general appearance of neighboring developed areas. The orientation of
individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover and
natural drainage ways, to the greatest extent possible, shall be treated as fixed determinants of road and lot rather than as
malleable elements.
(C) Roads shall be designed and located in such a manner as to maintain and preserve natural topography, cover,
significant landmarks and natural vegetation; to minimize cut and fill; and to preserve and enhance views and vistas on or off
the subject parcel.
(D) Proposed development shall be related harmoniously to the terrain.
(E) The removal or disruption of historic, traditional or significant uses, structures or architectural elements shall be
minimized insofar as practical, whether these exist on the site or on adjacent properties.
(Ord. passed 6-7-2004, § 406) Penalty, see § 10.99
§ 155.096 IMPROVEMENTS, DEDICATIONS, EASEMENTS AND MINIMUM STANDARDS OF DESIGN REQUIRED.
(A) Each subdivision shall contain the improvements specified in this subchapter, which shall be installed in accordance
with the requirements of this chapter.
(B) Land shall be dedicated, reserved or easements provided in each subdivision as specified in this subchapter. Each
subdivision shall adhere to the minimum standards of design established by this subchapter.
(Ord. passed 6-7-2004, § 407) Penalty, see § 10.99
§ 155.097 LOTS.
(A) Generally.
(1) Every buildable lot created shall be capable of meeting the standards of this chapter.
(2) Every lot created shall have an assured and approved water supply and shall either have access to a public sewer
or shall have the ability to sustain a septic tank system.
(3) Every lot created shall have recorded permanent access to a public road. No lot shall be created that is landlocked
or that does not have permanent ingress or egress to the property.
(4) All lots in new subdivisions shall conform to the applicable zoning requirements.
(5) Where 2 or more non-conforming contiguous lots are combined to form a buildable lot, they shall be recombined
and recorded prior to issuance of any permits.
(6) Lots shall meet any applicable County Health Department requirements.
(7) Lots with double frontage will be allowed where a permanent access restriction along the entire length of the
secondary road frontage is furnished, shall be recorded on the subdivision plat and grading and/or landscaping shall be such
that prohibits casual access on the secondary frontage.
(8) Every lot shall be appropriately sized and shaped for its intended use.
(9) No lot shall be created which contains a private access easement to another lot or adjoining property.
(10) Corner lots shall be of sufficient size to allow front yard setbacks on both sides adjacent to roads; except corner
lots where 1 side is adjacent to an exterior street.
(11) For the purposes of determining the size of a lot, the net lot area will be used. The net lot area calculations shall
not include road rights-of-way, private roads, access easements and other similar uses or easements which do not allow use
of the land for other purposes (such as the location of a house or a drainage field for example).
(12) Peculiarly shaped elongations or protrusions shall not be formed solely to minimum net square footage required.
(B) Lot dimensions and standards. The size, shape and orientation of all lots shall be appropriate for the type of
development proposed. Non-buildable lots shall be clearly denoted as such on all plats and plans and shall conform to the
following.
(1) Conformance to other regulations. Every lot shall have sufficient area, dimension and street access to permit a
principal structure to be erected or placed thereon in compliance with all existing ordinances of the county, except nothing
shall prevent the developer from creating non-buildable lots, providing they are clearly denoted as such on all plats and
plans.
(2) Minimum net lot area. Every lot shall have 50% of its total area of contiguous buildable area of a shape to hold a
principal structure. The area shall lie at an elevation of 3 feet above the base flood elevation. Lots with constraints shall
comply with the table in division (B)(7) below.
(3) Lot depth to width ratio. No lot shall have a depth greater than 4 times the width, except where:
(a) Wetlands, floodplains and/or slopes or any combination thereof in excess of 20% or conditions constituting more
than 25% is located within the wetlands, floodplain or areas with slopes in excess of 20%;
(b) Irrevocable, permanent deed restrictions are placed upon the lot, and recorded on the face of the recorded plat,
that will prohibit the lot from further subdivision; and
(c) Width shall be based on the average width of the lot.
(4) Side lot line configurations. Side property lines of lots shall be substantially at right angles or radial to street lines;
except as in division (B)(6)(e) below or where natural topography would dictate otherwise.
(5) Lot lines and drainage. Lot boundaries shall coincide with natural or pre-existing manmade drainageways or other
watercourses to the extent possible to avoid lots that can only be built upon only by altering the drainage ways or
watercourses.
(6) Subdivision of existing lots or reduction in lot size.
(a) There shall be no subdivision of existing lots resulting in the separation of the well, septic tank or drainage field or
replacement drainage field.
(b) There shall be no subdivision of existing lots resulting in non-compliance development, health or safety issues,
and no non-compliance condition shall be increased. (Note: For lots with existing septic tanks, evaluations of lots for septic
tank installation are based on the size, configuration and soil types of the existing lot. Changes to this lot size or
configuration could render the evaluation and subsequent permit invalid.)
(c) Two or more existing contiguous lots combined under 1 ownership shall not be reduced in size if the reduction
results in non-compliance development, health or safety requirements, nor shall any non-conformity be increased.
(d) Exemptions to division (B)(6)(b) and (B)(6)(c) above; these prohibitions shall not apply if the lot is reduced as a
direct result of acquisition or condemnation proceedings by the county, city or state.
(e) There shall be no subdivision of an existing lot or lots resulting in an existing structure being located on parts of 2
or more lots.
(7) Lots with constraints or unzoned parcels.
(a) Minimum net lot area for property which is not zoned by the county or which has constraints shall be as follows.
1. Constrained lots are those on which 1 or more of the following characteristics are present on over 50% of the lot.
2. Partially constrained lots are those on which 1 or more of the following characteristics are present on over 25%
of the lot but less than 50% of the lot.
3. Constraining characteristics of land:
a. Slopes over 20%;
b. Soils with a plasticity index greater than 48; or with rock within 3 feet of the surface; or with the water table
within 1 foot of surface;
c. Floodway or floodplain of 100-year flood;
d. Wetlands; and
e. Water Supply Watershed Protection Area
4. Table:
Minimum Lot Size (In Square Feet)
Partially Lot
Characteristics
Soils Report
Constrained Constrained Unconstrained Supported
Minimum Lot Size (In Square Feet)
Partially Lot
Characteristics
Soils Report
Constrained Constrained Unconstrained Supported
WS-111-CA 43,560 43,560 43,560
WS-111-BW 35,000 35,000 35,000
WS-IV-PA 35,000 35,000 35,000
Public Water and
Sewer 20,000 15,000 10,000
Only Public
Sewer (Well or
Community Well)
40,000 30,000 20,000
WS-111-CA 43,560 43,560 43,560
WS-111-BW 40,000 35,000 35,000
WS-IV-PA 40,000 35,000 35,000
Only Public
Water 60,000 45,000 30,000
WS-111-CA 60,000 45,000 43,560
WS-111-BW 60,000 45,000 35,000
WS-IV-PA 60,000 45,000 35,000
Other Lots 80,000 60,000 40,000 down to 30,000*
WS-111-CA 80,000 60,000 43,560
WS-111-BW 80,000 60,000 40,000 down to 35,000*
WS-IV-PA 80,000 60,000 40,000 down to 35,000*
NOTES TO TABLE:
* - The Planning Director or his or her designee and the Vance County Department of Public
Health may, in concert and only in full agreement, reduce the minimum lot size, where evidence
is submitted to show, through use of soil testing by a certified soils scientist and/or other
supportable data, that 40,000 square feet is in excess of the size required for adequate sewage
disposal and where no proposed or existing well site would be jeopardized. The minimum lot
size for construction in a Watershed Protection Area may be adjusted by whatever increment is
judged appropriate by the Vance County Department of Public Health and the Planning Director
or his or her designee. The minimum lot size shall not be reduced below 43,560 in Watershed
Protection Areas with a WS-111-CA designation, below 35,000 in Watershed Protection Areas
with a WS-111-BW or WS-IV-PA designation, below 30,000 square feet under any
circumstances. No request for a reduction of lot size will be considered unless submitted with
appropriate evidence.
(b) All minimum lot sizes without public sewer are subject to a larger minimum where required by the Vance County
Health Department.
(8) Non-buildable lots. (See also divisions (A) and (B) of this section.) Nothing shall prevent the developer from creating
non-buildable lots, provided they are clearly denoted as such on all plats and plans.
(9) Oversized lots. Whenever a subdivision includes 1 or more lots of the size that they may eventually be re-
subdivided into smaller lots, the developer may be required to dedicate rights-of-way for future roads to provide access to
areas of potential re-subdivision. The Planning Board may allow the dedication to be waived where irreversible deed
restrictions prohibiting the re-subdivision have been or will be recorded with the final plat.
(10) Access to lots and driveways.
(a) All driveways and driveway entrances shall conform to the NCDOT “Policy on Street and Driveway access to NC
Highways” for that portion within the public right-of-way.
(b) Driveways and driveway entrances onto approved private roads or private access easements shall require Vance
County Planning Board approval.
(c) No lot shall be created that is landlocked or that does not have permanent ingress or egress to the property.
(d) Adequate access shall be provided to each lot, with a minimum driveway entrance width of 20 feet unless more is
deemed necessary because of topographical conditions or street curvature.
(e) There shall be a minimum of 20 feet between driveways except that 2 properties may share a driveway centered
on the shared property line.
(f) Development permits for a lot shall not be issued without ingress and egress shown on the plot plan and
verification that vehicles shall be able to exit going forward. No occupancy permit shall be issued until the approved ingress
and egress is constructed and operational.
(g) Driveways crossing known flood hazard areas shall be elevated to or above the 100-year flood plain. Lots with
driveways located within a Special Flood Hazard Area shall, prior to obtaining any development permits, make provisions for
access to the property during times of flooding, prior to obtaining any development permits.
(h) The size of driveway culverts allowed shall be based on calculation of the amount and velocity of flow of storm
water in the channel. The minimum diameter shall be 15 inches. The ponding of additional storm water in a right-of-way, on
individual property or the diversion of additional storm water to an adjoining property is expressly prohibited.
(Ord. passed 6-7-2004, § 408) Penalty, see § 10.99
§ 155.098 BLOCKS.
(A) Blocks. Where used or appropriate, the lengths, widths and shapes of blocks shall be determined with due regard to:
(1) Provision of adequate building sites suitable to the special needs of the type of use contemplated;
(2) Zoning requirements;
(3) Needs for vehicular and pedestrian circulation;
(4) Control and safety of street traffic;
(5) Limitations and opportunities of topography; and
(6) Convenient access to water areas.
(B) Length. Blocks shall not be more than 1,320 feet in length.
(C) Width. Blocks shall have sufficient width to allow 2 tiers of lots of minimum depth, except:
(1) Where single tier lots are required to separate the subdivision from a street or road;
(2) In nonresidential subdivisions for purposes of separating uses; or
(3) Where abutting a water area.
(D) Crosswalks. Where deemed necessary by the Planning Board, a pedestrian crosswalk at least 15 feet in width may
be required to provide convenient public access to a public area such as:
(1) A park or school;
(2) A water area; or
(3) Areas such as shopping centers, religious or transportation facilities.
(Ord. passed 6-7-2004, § 409) Penalty, see § 10.99
§ 155.099 EASEMENTS.
(A) Generally. Easements shall be provided as follows.
(B) Easements provided.
(1) Utility easements. Easements for underground utilities shall be centered on rear or side lot lines.
(2) Drainage easements. Where a subdivision is traversed by a stream or drainage way, an easement shall be provided
conforming with the lines of the stream and shall be of sufficient width as will be adequate for the purpose.
(3) Floodplain easement. Where a portion of a subdivision is located in a floodplain, the floodplain shall be clearly
designated on the plat in compliance with required “Flood Easement” statement listed in the Planning Department Policies
and Procedures.
(Ord. passed 6-7-2004, § 410) Penalty, see § 10.99
§ 155.100 MINIMUM SETBACKS.
(A) Sewage facilities All sewage facilities shall be located 100 feet from any existing well or proposed new well.
(B) Private road setbacks; minimum setback from private roads and private access easements. All buildings and principal
uses shall have a setback of not less than 20 feet from the right-of-way line of any private road or private access easement.
(C) Public road setbacks; minimum setback from public roads. All lots in areas of Vance County that are un-zoned shall
have a minimum setback for all buildings and principal uses on a lot measured from the existing or proposed road right-of-
way, or future expected road right-of-way for major thoroughfares, as follows:
(1) Thirty feet for a road with a posted speed of 35 mph or less;
(2) Forty feet for a road with a posted speed of 45 mph;
(3) Fifty feet for a road having a posted speed above 45 mph; and
(4) Fifty feet for a road not having a posted speed.
(D) Minimum setback property lines. All lots shall provide a building setback of 20 feet from all property lines other than
an existing or future road right-of-way line.
(Ord. passed 6-7-2004, § 411) Penalty, see § 10.99
§ 155.101 PARKING.
(A) The purpose of this section is to provide for adequate off-street parking for single-family residential developments and
to maintain all roadways and entrances free of impediments to traffic.
(B) (1) Each lot within the subdivision shall be of adequate shape and size to provide a minimum of 2 on-site parking
spaces for each dwelling unit on the lot.
(2) Each parking space shall have a minimum size of 9 feet by 19 feet for the exclusive use of residents and visitors of
that lot.
(C) No parking shall be provided for on private roads or at the entrances to subdivisions unless additional paved width to
the road has been approved expressly for this purpose by the Planning Board and/or NCDOT as appropriate.
(Ord. passed 6-7-2004, § 412) Penalty, see § 10.99
§ 155.102 RESIDENTIAL FENCING AND WALLS.
(A) Generally. Except as otherwise noted in this chapter, fences or yard walls are permitted subject to the following
regulations.
(B) Regulations.
(1) Barbed wire, razor wire or concertina wire is specifically not permitted.
(2) No fencing or walls shall be allowed in the road right-of-way or in areas required for vehicular sight distance.
(Ord. passed 6-7-2004, § 413) Penalty, see § 10.99
§ 155.103 NAMING OF A DEVELOPMENT.
New development names shall not duplicate or closely approximate the names of existing or reserved subdivisions,
apartment complexes, mobile home parks, roads, lanes, drives or streets, within the county, within municipalities in the
county or in adjoining counties within 1 mile of Vance County. Naming of a development shall be subject to approval by the
Vance County Board of Commissioners.
(Ord. passed 6-7-2004, § 414) Penalty, see § 10.99
§ 155.104 IDENTIFICATION SIGN ALLOWED.
(A) Size specifications. A sign not exceeding 32 square feet in area and 6 feet in height with indirect lighting shall be
permitted. No animated, flashing or moving signs will be permitted. The sign must be clearly legible from 150 feet and shall
not incorporate script in lieu of numbers. If illuminated, signs parallel to the road shall be lighted from the front side only and
if perpendicular may be lighted from both sides. No lighting shall be directed toward the road.
(B) Sign maintenance. Provisions for the maintenance of an identification sign, lighting equipment and landscaping shall
be included in Home Owners Association Documents (see § 155.108) and submitted as part of the plat for approval of a
subdivision.
(C) DOT standards. All subdivision identification signs shall also conform to the NCDOT Subdivision Roads, Minimum
Construction Standards. “The Division of Highways will review requests to erect subdivision name markers on an individual
basis. The name markers may be allowed to be located within the State Highway System Secondary Road Rights-of-Way at
the beginning of a subdivision road, provided the location of such is outside the line of sight and the normal maintenance
limits. The name markers will be approved only at locations which will not sacrifice safety to the general traveling public.
Approval to erect subdivision name markers will be with the following understanding.”
(1) All costs will be the responsibility of the requestor.
(2) The North Carolina Division of Highways will not maintain the marker or the area around the marker.
(3) The markers will be removed if not properly maintained.
(4) The Division Engineer may allow the subdivision name markers on secondary road rights-of-way after review on an
individual basis.
(Ord. passed 6-7-2004, § 415) Penalty, see § 10.99
§ 155.105 OTHER SIGNS.
No signs shall be allowed in a road right-of-way or safe sight distances, except those approved by the North Carolina
Department of Transportation and Vance County. No billboards or other off-site signs shall be permitted in a subdivision
which would impair the delivery of emergency services, block house numbers, block street naming signs, block traffic control
signage or impair traffic visibility.
(Ord. passed 6-7-2004, § 416) Penalty, see § 10.99
§ 155.106 911 ADDRESS NUMBER REQUIRED TO BE POSTED.
(A) Address. Each lot shall be clearly numbered with 4-inch letters on a contrasting background on a permanent
monument or marker at the intersection of the front yard line and the road ROW. The house number shall be readily
identifiable by emergency personnel. The use of script in lieu of numeric characters is specifically prohibited.
(B) Temporary address signs. An all-weather temporary sign, visible from the road at all times, may be used. The
developer shall be responsible for maintaining the numbering on the lot until final occupancy is granted.
(1) Each structure within a subdivision shall be clearly numbered on the structure.
(2) No structure within a subdivision may be occupied until the provisions in division (A) above have been met.
(3) The owner shall be responsible for maintaining the numbering on the structure and the monument or marker.
(4) (a) All mail receptacles shall have the structure or dwelling numbers posted with 2-inch letters on a contrasting
background.
(b) The use of script in lieu of numeric characters is specifically prohibited. Maintenance shall be the responsibility of
the homeowner.
(Ord. passed 6-7-2004, § 417) Penalty, see § 10.99
§ 155.107 CEMETERIES.
(A) A subdivision shall provide permanent public access to any existing cemetery within the boundaries of the
subdivision.
(B) If there is no other access, any existing cemetery located on land adjacent to a proposed subdivision must be
provided adequate access.
(Ord. passed 6-7-2004, § 418) Penalty, see § 10.99
§ 155.108 HOME OWNER’S ASSOCIATIONS.
(A) Establishment of owner’s association.
(1) Creation. An owner’s association shall be established in compliance with the North Carolina Condominium Act or to
accept conveyance and maintenance of common areas and facilities within a development.
(2) Conveyance. All common areas or facilities, except rights-of-way and other areas dedicated to the jurisdiction, shall
be conveyed by the subdivider or developer to the owner’s association.
(3) Subdivision or conveyance of common area. Common areas shall not be subdivided or conveyed to the Owner’s
Association unless a revised plat is submitted to and approved by the Planning Board.
(4) Owner’s association not required. Developments involving only 2 units attached by a party wall shall be permitted to
have an owners agreement in lieu of a home owner’s association concerning the maintenance of the party wall.
(B) Submission of owner’s association declaration. A copy of proposed bylaws covering covenants and restraints shall be
submitted with the final plat prior to approval.
(1) Existence before any conveyance. The owner’s association declaration shall be organized and in legal existence
prior to the conveyance, lease-option or other long-term transfer of control of any unit or lot in the development.
(2) Membership. Membership in the owner’s association shall be mandatory for each original purchaser and each
successive purchaser of a lot or unit. Provisions shall be made for the assimilation of owners in subsequent sections of the
development.
(3) Owner’s association declaration. The owner’s association declaration shall contain the following items.
(a) Responsibilities of owner’s association. The owner’s association declaration shall state that the association is
responsible for:
1. The payment of premiums for liability insurance and local taxes;
2. Maintenance of recreational and/or other facilities located on the common areas; and
3. Payment of assessments for public and private improvements made to or for the benefit of the common areas
(b) Default of owner’s association.
1. In the event of failure of the owner’s association to pay jurisdictional assessments for public improvements or ad
valorem taxes levied against the common areas with the default continuing for 6 months or more, each individual owner shall
be personally obligated to pay his or her portion of the due amount.
2. The amount due, determined by dividing the number of lots into the amount owed, shall be paid within 30 days
following receipt of notice.
3. Failure of the owner to pay the amount due, his or her heirs, devisees, personal representatives or assigns to,
shall result in a property lien on his or her parcel and may result in foreclosure of the lien against the owner’s property.
(c) Powers of the association. Failure of a property owner, subject to the owner’s association to pay expenses due,
shall constitute a lien on the property.
(d) Easements and rights of access and use. Easements over the common areas for access, ingress and egress from
and to public streets and walkways and easements for enjoyment of the common areas, and for parking, shall be granted to
each lot owner.
(e) Maintenance and restoration. The owner’s association shall establish and adopt provisions for common area
maintenance and restoration in the event of destruction or damage.
(Ord. passed 6-7-2004, § 419)
§ 155.109 BOAT DOCKS.
(A) Subdivisions with access allowed by the US Corps of Engineer on Kerr Lake shall have at least 1 dedicated roadway
to the lake for use by all owners within the subdivision. Construction and maintenance shall comply with USCOE
requirements and shall minimize the disturbance to existing shoreline and adjacent lands.
(B) The use of high wattage spotlights, flashing lights or other intrusive lighting system is expressly prohibited. No straight
pipe restroom facilities may be constructed in conjunction with any development on land adjoining the Kerr Lake.
(Ord. passed 6-7-2004, § 420) Penalty, see § 10.99
§ 155.110 CONSTRUCTION ASSURANCES FOR MINOR SUBDIVISIONS.
Refer to §§ 155.145 et seq. for construction assurance requirements.
(Ord. passed 6-7-2004, § 421)
§ 155.111 MINOR SUBDIVISION APPLICATION FORMS AND REQUIREMENTS.
Check lists, forms, certifications, statements, construction plan requirements and applications for minor subdivisions are
listed in the policies and procedures document for the Vance County Planning and Development.
(Ord. passed 6-7-2004, § 422)
FOR MAJOR SUBDIVISIONS
§ 155.125 PURPOSE.
The purpose of this subchapter is to establish procedures for orderly review, processing and action on major subdivisions.
(Ord. passed 6-7-2004, § 501)
§ 155.126 GENERALLY.
The Vance County Planning Board has the right and responsibility to review, require revisions and changes in any
proposed subdivision for the purpose of:
(A) Relieve adverse impacts on public safety, health and welfare;
(B) Determine that adequate and sustainable utilities and services are available for the development;
(C) Protect public investments in roads, drainage facilities, sewage facilities and public water supplies;
(D) Preserve the value of land and development; and
(E) Assure that the regulations of Vance County are upheld.
(Ord. passed 6-7-2004, § 502)
§ 155.127 APPROVAL REQUIRED.
No permits for construction, clearing or grading of any new or expansion of existing subdivisions shall be issued until a
subdivision plat has been submitted, reviewed and approved per the requirements of this chapter.
(Ord. passed 6-7-2004, § 503)
§ 155.128 PRE-SUBMITTAL CONFERENCE AND CONCEPT PLAN SUBMITTAL AND REVIEW.
A developer may request a “pre-submittal” conference with the Planning Department and/or Technical Review Committee
regarding the development of a proposed subdivision.
(Ord. passed 6-7-2004, § 504)
§ 155.129 COMPLETION OF DEVELOPMENT IN PHASES.
A subdivision may be developed in phases, provided that:
(A) Each phase contains at least 6 lots, unless shown on a phasing plan approved by the Planning Board as part of the
preliminary subdivision plan;
(B) A phasing plan showing the phases of development and the requirements of this chapter that will be satisfied in each
phase is either approved as part of the preliminary plan or in conjunction with approvals of both the construction plat and
final plat;
(C) The number of lots and amount of any required open space in the phase and any previously approved phases is at
least proportional to the portion of the subdivision site area within the phase(s); and
(D) The degree and extent of road, water supply, sewage disposal, storm water management, erosion and sedimentation
control and other required improvements in the phase and previously approved phases is sufficient to serve or handle all
development within the phase(s).
(Ord. passed 6-7-2004, § 505) Penalty, see § 10.99
§ 155.130 SUBDIVISION APPLICATION FORMS AND ADDITIONAL INFORMATION REQUIREMENTS.
The following items are presented in checklist form and constitute the application requirements for:
(A) Conceptual plan checklist; and
(B) Major subdivision:
(1) Preliminary plat checklist;
(2) Construction plan checklist;
(3) Final plat checklist; and
(4) Required certification statements.
(Ord. passed 6-7-2004, § 506)
§ 155.131 IMPROVEMENTS, DEDICATIONS, EASEMENTS AND MINIMUM STANDARDS OF DESIGN REQUIRED.
Each subdivision shall contain the improvements specified in this subchapter, which shall be installed in accordance with
the requirements of this chapter. Land shall be dedicated, reserved or easements provided in each subdivision as specified
in this subchapter.
(Ord. passed 6-7-2004, § 507) Penalty, see § 10.99
BONDS AND ASSURANCES
§ 155.145 CONSTRUCTION ASSURANCES.
(A) In the event that the required improvements have not been completed prior to the submission to the Planning Board
of the final plat for a major subdivision, or the submission of a minor subdivision plat for signature and recording, the
developer shall guarantee the completion of the required improvements in an amount equal to 150% of the estimated cost of
the improvements, conditional upon completion within a reasonable period of time and to the satisfaction of the Board of
County Commissioners.
(1) One of the following methods may be pursued by the developer to ensure the installation of the improvements:
(a) Filing a performance or surety bond in an amount approved by the Board of County Commissioners;
(b) Depositing or placing in escrow a certified check or cash in an amount satisfactory to the Board of County
Commissioners; or
(c) Furnishing an irrevocable letter of credit guaranteeing payment to Vance County in the event of default.
(2) Neither a bond, irrevocable letter of credit, nor certified check in escrow shall be required if the developer proves
that he or she has paid the utility company(s) the amount of money needed to install the utilities in a timely manner.
(3) Neither a bond, irrevocable letter of credit nor certified check in escrow shall be required of the developer if the
utility company(s) state in writing that the utilities will be installed at no cost to the developer nor new lot owner(s).
(B) When the required improvements have been completed to the satisfaction of the appropriate agencies and the
subdivision ordinance, the Planning Director shall make a request in writing to the County Manager to release the bond,
letter of credit or funds from escrow.
(C) The approval of a final plat pursuant to regulations adopted herein shall not be deemed to constitute or effect the
acceptance by the county, any governmental unit or public body of the dedication of any street or other ground, public utility
line or other public facility shown on the plat.
(Ord. passed 6-7-2004, § 601)
WORD USAGE AND DEFINITIONS
§ 155.160 USAGE.
(A) Unless the context clearly indicates to the contrary, words used in the present tense include the future tense and
words used in the singular include the plural.
(B) In general, words and terms used in these standards shall have their customary dictionary meanings; except as
defined in the following section or unless they are used in context so as to indicate otherwise.
(Ord. passed 6-7-2004, § 701)
§ 155.161 DEFINITIONS.
(A) Meaning of common words.
(1) All words used in the present tense include future tense.
(2) All words used in the plural include the singular, and all words used in the singular include the plural.
(3) All words used in the masculine gender include the feminine gender.
(4) The words “shall” or “will” are mandatory, and the word “may” is permissive.
(5) The word “building” includes the word “structure.”
(6) The word “lot” includes the words “plot,” “parcel” and “tract.”
(7) The word “person” includes a “firm,” “association,” “organization,” “partnership,” “trust,” “company” or “corporation”
as well as an “individual.”
(B) Words and terms defined. For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
ABUTTING PROPERTY. For public notice purposes, any lot which is physically contiguous with the lot in question, even
if only at a point, and any lot which is located directly across a street or right-of-way. Also ADJOINING, ADJACENT or
CONTIGUOUS.
ACCESS EASEMENT. An easement which grants the right to cross property. See also “private access easement.”
BALANCE AREA (WATERSHED). Area of watershed other than critical area.
BUILDING. Any structure having a roof supported by walls or columns constructed or used for a residence, business,
industry or other private or public purposes.
BUILT UPON AREA. Built upon areas shall include that portion of a development project that is covered by impervious
or partially impervious cover including buildings, pavement, gravel roads, recreation facilities (e.g., tennis courts), and the
like. (Note: wooden slatted decks and the water area of a swimming pool are considered pervious.)
CONSTRUCTION ASSURANCE. A financial instrument that guarantees to the county that the public improvements
required to be constructed as part of an approved subdivision will either be constructed by the subdivision developer or that
the county shall have sufficient funds in the form of a financial instrument to complete the required public improvements if
the subdivision developer does not.
CONSTRUCTION DRAWINGS (PLANS). Drawings showing the location, profile grades, size and type of drains,
sewers, water mains, underground fire alarm ducts, underground power ducts, and underground telephone ducts,
pavements, cross-section of streets, miscellaneous structures, and the like.
CONTIGUOUS LOT. For the purposes of these regulations, a lot shall be considered to be contiguous with another lot if
the lot adjoins or is coterminous with another lot at any point or line.
COUNTY. Refers to Vance County, North Carolina.
CRITICAL AREA (WATERSHED). The area located within 1/2 mile of and draining to water supplies as measured from
the normal pool elevation of reservoirs, or 1/2 mile of and draining to a river intake.
DEDICATION. A gift, by the owner, of his or her property to another party without any consideration being given for the
transfer. The DEDICATION is made by written instrument and is completed with an acceptance.
DEVELOPER. Any person, firm, trust, partnership, association or corporation engaged in development, or proposed
development, of a subdivision.
DEVELOPMENT. Any manmade change to improved or unimproved real estate, including, but not limited to, buildings
or other structures, mining, dredging, filling, grading, paving, excavations, or drilling operations or storage of equipment or
materials.
DEVELOPMENT PERMIT. A document issued by the Planning Department for an individual lot, which identifies
ownership, geographical information, physical attributes (size and configuration), source of water, method of sewage
disposal, road access information, existing improvements and proposed improvements. This document specifies the
conditions under which proposed improvements can occur.
DRIVEWAY. A private entrance from a road or right-of-way to a lot, building or buildings on same or abutting grounds.
The DRIVEWAY itself shall not constitute the means of legal access to a lot.
EASEMENT. A grant of 1 or more property rights, by the property owner, to, or for use by, another, the public, a
corporation or other entities. The authorization of a property owner for the use by another, for a specified purpose, of any
designated part of his or her property.
ENGINEER. Professional Engineer licensed by the State of North Carolina.
FLOODPLAIN. Area designated by FEMA as 1% (flood danger is 1 year in 100 years) and as 5% (flood danger is 1 year
in 500 years).
FRONT OR STREET SETBACK. A line parallel to the street in front of which no structure shall be erected.
IMPERVIOUS SURFACE. A surface composed of any material that impedes or prevents natural infiltration of water into
the soil.
INTERIOR SETBACK. A setback from any property line not alongside a street.
LOT. A portion of a subdivision or any other parcel of land intended as a unit for transfer of ownership, or for
development or both. The word LOT includes PLOT, PARCEL or TRACT.
LOT, BUILDABLE or ZONE LOT. One or more lots of record in 1 undivided ownership with sufficient total area,
exclusive of easements, flood hazards, well and septic tank fields; sufficient total dimensions; and access to permit
construction thereon of a principal building together with its required parking and planting yards.
LOT(S), CONSTRAINED. A lot on which 1 or more of the following characteristics are present on over 50% of the lot:
(a) Slopes over 20%;
(b) Soils with a plasticity index greater than 48; or with rock within 3 feet of the surface; or with water table within 1
foot of surface;
(c) Floodway or floodplain of the FEMA 100-year flood of record;
(d) Wetlands; and/or
(e) Water Supply Watershed Protection Area.
LOT CORNER. A lot abutting 2 or more streets at their intersection.
LOT DEPTH. The distance measured along the perpendicular bisector of the smallest possible rectangle enclosing the
lot.
LOT OF RECORD. A lot, plot, parcel or tract recorded in the office of the Register of Deeds in conformance with the
ordinance(s) in effect at the time of recordation.
LOT(S), PARTIALLY CONSTRAINED. A lot on which 1 or more of the following characteristics are present on more
than 25% of the lot but less than 50% of the lot:
(a) Slopes over 20%;
(b) Soils with plasticity index greater than 48; or with rock within 3 feet of the surface; or with water table within 1 foot
of surface;
(c) Floodway or floodplain of the FEMA 100-year flood of record;
(d) Wetlands; and/or
(e) Water Supply Watershed Protection Area.
LOT WIDTH. The mean width measured at right angles to its depth at the building line.
MEMORANDUM OF UNDERSTANDING. A written document prepared by the Subdivision Administrator after the
Technical Review Board makes a recommendation to the Planning Board on a Preliminary Subdivision Plat. This document
shall contain a record of those modifications to the application that the applicant or the applicant’s agent has agreed to at
the Technical Review Board meeting and any further approval conditions or reasons for recommending denial of the
application acted upon by the Technical Review Committee.
NET LOT AREA. The area of a lot not containing public road rights-of-way, private road rights-of-way, private or public
access easements or other similar easements which do not allow use of the land for other purposes (such as the location of
a house or septic drainage field, and the like).
NEW PRIVATE ROAD. Construction of a vehicular right-of-way and street or road where no road currently exist and not
intended for dedication to or maintenance by NCDOT or other appropriate public agency.
NON-CONFORMING LOT. A lot which is now prohibited under the terms of this chapter, but was lawful at the date of
this chapter’s enactment, or any amendment or revision thereto.
OWNER. Any holder of any legal or equitable estate in the premises, whether alone or jointly with others, and whether in
possession or not.
PERSON. Includes a firm, association, organization, partnership, trust, company, limited liability company or corporation,
as well as an individual.
PLANNING BOARD. The Planning Board of Vance County.
PLANNING DEPARTMENT. The Planning Department of Vance County.
PLOT PLAN. A plan of an individual lot, prepared to a scale (1 inch = 40 feet through 1 inch = 100 feet), showing the
following information accurately with dimensioning:
(a) The boundaries of a site;
(b) Minimum building setback lines;
(c) The location of all buildings, structures and uses;
(d) The location of proposed driveways and on-site vehicle storage and turnaround facilities; and
(e) The proposed location any wells and septic fields including primary repair/replacement fields.
PRINCIPAL BUILDING or PRINCIPAL STRUCTURE. A building or structure in which is conducted the principal use of
the lot on which it is located. Any dwelling is considered a PRINCIPAL BUILDING.
PRIVATE ACCESS EASEMENT. A vehicular right-of-way granted and recorded with the Register of Deeds providing for
permanent ingress and egress across 1 lot to another on which the owner(s) of the property containing the easement shall
not erect any temporary or permanent structures other than those structures necessary for management of storm water
drainage.
PRIVATE ROAD. A vehicular right-of-way and street or road not intended for dedication to or maintenance by NCDOT or
other appropriate public agency.
PROTECTED AREA (WATERSHED). The area located within 5 miles and draining to water supplies as measured from
the normal pool elevation of reservoirs, or 10 miles upstream of and draining to a river intake. However, in some cases, the
PROTECTED AREA can encompass the entire drainage area.
PUBLIC ROAD. A dedicated public right-of-way for vehicular traffic which has been accepted by NCDOT for
maintenance, or is not yet accepted, but in which the roadway design and construction have been approved under public
standards for vehicular traffic. Alleys are specifically excluded.
PUBLIC SEWER. A system which provides for the collection and treatment of sanitary sewage from more than 1
property and is owned and operated by a government organization or sanitary district.
PUBLIC WATER. A system which provides distribution of potable water for more than property and is owned and
operated by a government organization or utility district.
REAR SETBACK. A setback from an interior property line lying on the opposite side of the lot from the front or street
setback.
REGISTER OF DEEDS. Vance County Register of Deeds.
RESERVATION. Reservation of land does not involve any transfer of property rights. It constitutes an obligation to keep
property free from development for a stated period of time.
RE-SUBDIVISION. The division of an existing subdivision or any change of lot size therein or the relocation of any street
or lot in a subdivision.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a travelway for vehicles and also available, with
the consent of the appropriate governmental agency, for installation and maintenance of sidewalks, traffic control devices,
traffic signs, street name signs, historical marker signs, water lines, sanitary sewer lines, storm sewer lines, gas lines, power
lines and communication lines.
ROAD/STREET. For the purposes of this chapter, the words ROAD and STREET shall have the same meaning and are
interchangeable.
SETBACK. The horizontal distance between a structure or activity and a property line, road right-of-way line or road
centerline should the centerline of a road right-of-way be used to measure minimum required setbacks.
SIDE SETBACK. Any interior property line setback other than a rear setback.
SHALL. When used in this chapter, it is intended to indicate a mandatory requirement.
SIGHT DISTANCE EASEMENT. An easement which grants to the appropriate government body or agency the right to
maintain unobstructed view across property located at a street or lane intersection.
SLOPE. An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical
distance, commonly expressed as “two to one” (2:1).
SOIL SCIENTIST. A person who practices soil science and is licensed in accordance with the North Carolina General
Statutes.
SOLID WASTE. Garbage, refuse and other discarded solid materials.
STRUCTURE. Anything constructed, erected or placed.
SUBDIVIDER. Any person, firm, corporation or official agent thereof, who subdivides or develops any land deemed to be
a subdivision.
SUBDIVISION. For purposes of this chapter, the term SUBDIVISION shall mean the division of a tract or parcel of land
into 2 or more lots, building sites or other divisions for the purpose of sale or building development (whether immediate or
future), and includes all division of land involving the dedication of a new street or a change in existing streets; however, the
following are not included within this definition and are not subject to any subdivision approval regulations in this chapter:
(a) The combination or recombination of a portion of previously subdivided and recorded lots if the total number of
lots is not increased, and the resultant lots are equal to or exceed the standards of this chapter;
(b) The division of land into parcels greater than 10 acres if not street right-of-way dedication is involved;
(c) The public acquisition by purchase of strips of land for the widening or opening of streets; and
(d) The division of a tract in single ownership, the entire area of which is not greater than 2 acres, into not more than
3 lots, if no street right-of-way dedication is involved, and if the resultant lots are equal to or exceed the standards of this
chapter.
SUBDIVISION ADMINISTRATOR. The Vance County Planning Director.
SUBDIVISION, MAJOR. Any subdivision other than a minor subdivision, including all subdivisions of land for which a
non-residential use is proposed.
SUBDIVISION, MINOR. A subdivision pursuant to this chapter to be used only for single-family detached residential
uses where the lots may have access to an existing public road, or an existing private road, or a proposed Class 1 Private
Road, or a proposed Class 2 Private Road (accessed by 7 or fewer lots), or a private access easement (accessed by 4 or
fewer lots) (see definition of “private road” and “private access easement” and this chapter for standards) and where the
proposed subdivision does not:
(a) Create more than 7 lots (6 new lots) from any 1 tract of land, whether the lots are created at 1 time or over an
extended period of time, regardless of changes in ownership;
(b) Dedicate or improve any new public roads;
(c) Adversely affect the development potential of the remainder of the parcel or of adjoining property by virtue of
unreasonably limiting access or limiting adequate drainage;
(d) Preclude reasonable access to the remainder of the tract of land being subdivided via the future use of a 60 feet
wide public or private street (25 feet if 60 feet is not available);
(e) Preclude safe public or private road access to adjoining tracts of land; and
(f) Propose lots entirely or substantially located in a flood hazard area as defined by Chapter 153.
SUBDIVISION PLAT, FINAL. The final drawings on which a plan of subdivision is presented to the Vance County
Planning Board for approval and which, if approved, shall be filed for recording with the Vance County Register of Deeds.
The fully executed, signed final plat shall be filed in Register of Deeds office within 60 days of the date of approval in order
to retain approval status.
SUBDIVISION PLAT, MINOR. The drawings on which a plan of a minor subdivision is presented to the Vance County
Planning Board for approval and which, if approved, shall be filed for recording with the Vance County Register of Deeds.
SUBDIVISION PLAT, PRELIMINARY. The preliminary drawings indicating all existing conditions relating to a site and a
plan prepared in accordance this chapter. Sufficient detail and sufficient accuracy shall be used in the preparation of the plan
of the existing physical characteristics of the project property, the proposed changes in those characteristics, or proposed
uses of the project property to enable a full and comprehensive review of the proposed development and the proposed
layout of the subdivision to be submitted to the Planning Board for its consideration.
THOROUGHFARE PLAN FOR VANCE COUNTY. A systematic study of the Thoroughfare Road System in Vance
County which identifies existing and future deficiencies in the road system and identifies the need for any new facilities.
These needs and deficiencies are then brought forward as projects to be placed before the North Carolina Department of
Transportation for funding consideration. If the deficiency or need is recognized as a priority it will be included in the 5-year
Transportation Improvement Plan and scheduled for state funding. Projects not identified in the Thoroughfare Plan are not
considered for funding.
TRACT OR PARCEL OF LAND. All contiguous land and bodies of water in 1 ownership, or contiguous land and bodies
of water in diverse ownership, being developed as a unit, although not necessarily all at 1 time.
USE. The purpose or activity for which land or structures is designed, arranged or intended, or for which land or
structures are occupied or maintained.
UTILITY EASEMENT. An easement that grants the governing body or other utility providers the right to install and
thereafter maintain any and all utilities including, but not limited to, water lines, sewer lines, septic tank drain fields, storm
sewer lines, electrical power lines, telephone lines, natural gas lines and community antenna television systems.
VANCE COUNTY PUBLIC AND PRIVATE ROAD SYSTEM; FUNCTIONAL CLASSIFICATION. The following are
functional classifications used to determine design speed, right-of-way width, sight distance, access policy and other design
and development criteria:
(a) Interstate highways (I-85);
(b) Major thoroughfares, including the following categories:
1. Arterial roads:
a. Principal arterial - serves primarily substantial statewide or interstate travel. This system consists of all non-
interstate principal arterial roads (typical speeds of 55 mph or higher); and
b. Minor arterial - serves primarily through traffic movements in the county (typical speeds of 45 to 55 mph).
2. Collector roads:
a. Major collector - serves primarily intra-county travel. The major collectors
supplement the arterial system by providing an interconnecting network between smaller population centers and the arterial
system (typical speeds of 45 to 55 mph);
b. Minor collector - collects traffic from local roads and brings all developed areas within reasonable distance of a
collector road (typical speeds of 45 to 55 mph); and
c. Unclassified collectors - all major or minor collectors that have not yet been assigned a functional classification
(typical speeds of 45 to 55 mph).
(c) Minor thoroughfares; local roads:
1. Residential subdivision road - a road which serves primarily to provide access to abutting property, over relatively
short distances (typical speeds of 25 to 30 mph);
2. Residential collector road - a road which serves as the connecting system between local residential subdivision
roads and collectors, but which also may provide direct access to abutting properties (typical speeds of 25 to 35 mph); and
3. Subdivision access road - a road built through vacant property to provide access to a subdivision. This road
would not have lots platted along it (see this chapter for application).
WAIVER. Permission to depart from the literal requirements of this chapter, when, in the opinion of the Planning Board,
the literal application of the requirements of this chapter create an undue hardship on the owner of the property and where
the public health, safety and welfare interest of the public can be served as well or better by alternative means.
WATERSHED. The entire land area contributing surface drainage to specific point (e.g., the water supply intake.)
(Ord. passed 6-7-2004, § 702)
CHAPTER 158: ADDRESSING AND ROAD NAMING
Section
General Provisions
158.01 Title
158.02 Purpose
158.03 Authority
158.04 Jurisdiction
158.05 Application
158.06 Administration
158.07 Definitions
Roadway Naming Procedures
158.20 Names
158.21 New names
158.22 Application process for new roadway names
158.23 Roadway suffixes
158.24 Roadway directionals
158.25 Renaming procedures and requirements
158.26 Notice of roadway name assignment or changes
158.27 Installation of roadway signs
Street Numbering and Address Assignment
158.40 Rules and guidelines
158.41 Guidelines for numbering and renumbering street addresses
158.42 Posting of street address numbers
158.43 Notice of final address change
Violations and Enforcement
158.55 Violations and enforcement
Appeals and Amendments
158.65 Appeals
158.66 Amendments
§ 158.01 TITLE.
This ordinance shall be known as the "Addressing and Road Naming Ordinance of Vance County, North Carolina," and
may be referred to as the "Addressing Ordinance".
(Ord. 42, passed 5-6-2019)
§ 158.02 PURPOSE.
(A) The purpose of this chapter is to protect the safety and welfare of the general public through the orderly assignment
of structure addresses to facilitate the location of and access to individual dwellings and businesses by emergency response
personnel.
(B) This chapter shall establish a uniform system of road naming and renaming along both public and private roadways to
ensure road names are not phonetically or visually similar or duplicated. It also establishes a uniform system of addressing
and numbering all houses and buildings while establishing a process for changing existing addresses and roadway names to
improve emergency response to all parts of the county.
(Ord. 42, passed 5-6-2019)
§ 158.03 AUTHORITY.
This chapter is hereby adopted under the authority and provisions of G.S. §§ 153A-238, 153A-239.1(a) and 147-54.7, and
the police powers of the county to protect the health, safety and welfare of its citizens.
(Ord. 42, passed 5-6-2019)
§ 158.04 JURISDICTION.
The provisions and regulations provided by this chapter shall apply within the ordinance- making jurisdiction of Vance
County. Enforcement of this chapter within a municipal jurisdiction shall require an intergovernmental agreement between
said municipality and the County of Vance.
(Ord. 42, passed 5-6-2019)
§ 158.05 APPLICATION.
It shall be unlawful for any person(s) without the written consent of Vance County to:
(A) Name or designate the name of any roadway subject to this chapter;
(B) Number or assign a number to any structure in violation of this chapter; or
(C) Erect any roadway name sign, remove, deface, damage, or obscure any number or sign in the jurisdiction of this
chapter.
(Ord. 42, passed 5-6-2019)
§ 158.06 ADMINISTRATION.
(A) The Vance County Board of Commissioners hereby assigns primary authority and responsibility for addressing of
roadways as directed by the provisions of this chapter to the Addressing Coordinator. In accordance with the general
direction of the Vance County Commissioners, County Manager and County GIS Administrator, it shall be the duty of the
Addressing Coordinator to prepare and maintain the address database for the entire county and to assign new addresses
when a new building is built, or for any reason a number is required. It shall be the duty of the Addressing Coordinator from
time to time, and upon request, to review roadway number assignments, resolve conflicts in address numbering, reassign
numbers or propose any changes which, in his/her opinion, are necessary for the public safety, welfare and mail delivery.
This includes any authorized staff representative acting on the Coordinator's behalf, and hereby assigns primary
responsibility for all activities necessary for the implementation, enforcement, interpretation and administration of this
chapter to the Addressing Coordinator.
(B) The County GIS Administrator shall maintain the database required for the implementation of the aforementioned
maps. Requests or petitions for changing street names will be filed with the Addressing Coordinator who will then transmit
such requests to the necessary departments for approval.
(C) The Addressing Coordinator in addition to the other responsibilities set forth herein shall:
(1) Keep a record of the date, copy of the notation, and the address to which the new address was assigned;
(2) Ensure that all streets which require naming have street identification signs, and that all signs are uniform in
construction, that all signs are placed at proper locations and properly installed, and that all signs that are either destroyed
or lost are reinstalled in a timely manner;
(3) Compile a database of fiscal addresses for each property or building in conjunction with the County Tax
Department; and
(4) Compile the Master Street Address Guide (MSAG) as required for the E911 Database.
(Ord. 42, passed 5-6-2019)
§ 158.07 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a
different meaning.
ADDRESSING COORDINATOR. The employee of Vance County charged with the administration of this chapter.
BUILDING. Any structure having a roof supported by columns or by walls, and intended for shelter, housing or enclosure
of persons, animals, chattels or equipment. For the purposes of this chapter, the term "building" may also include other man-
made structures.
DRIVEWAY. A private way, beginning at the property line of a lot abutting a public road, private road, easement or private
right-of-way, giving access from that public road, recorded easement, recorded private road or private right-of-way, and
leading to a building or use of structure on that lot.
HOUSE NUMBER. Number assigned to any house, residence, dwelling, business, warehouse, or other structure or
property in a sequential manner.
MAILING ADDRESS. Designation assigned or used by the U.S. Postal Service for the purpose of delivery of the U.S.
Mail. Mailing address may or may not be identical to property address.
MOBILE HOME. A portable manufactured housing unit designed for transportation on its own chassis and placement on a
temporary or semi-permanent foundation having a measurement of 32 feet or more in length and eight feet or more in width.
As used in this chapter, MOBILE HOME also means a double-wide mobile home which is two or more portable
manufactured housing units designed for transportation on their own chassis, which connect on site for placement on a
temporary or semi-permanent foundation having a measurement of 32 feet or more in length and eight feet or more in width.
MOBILE HOME PARK. The land leased or rented, being used or proposed to be used by mobile homes occupied for
dwelling or sleeping purposes.
MOBILE HOME SPACE. Any parcel of ground within a mobile home park designed for the exclusive use of one mobile
home.
MULTIPLE HOUSING COMPLEX. Any structures built to include more than one dwelling unit under a single roof to
include apartment buildings, condominiums, townhomes or any other similar construction.
PRIVATE MOBILE HOME PARK ROAD. Any street, roadway or driveway which serves two or more mobile homes for
residential purposes, and which has not been dedicated to the public use.
PUBLIC STREET. A street located on public right-of-way and which meets the total improvement requirements for a public
street as set forth by the North Carolina Department of Transportation in its publication "Subdivision Roads - Minimum
Construction Standards".
PRIVATE STREET. A street not maintained by the North Carolina Department of Transportation which is not intended to
become a public street but which shall be used for access to a particular site, group development or business.
PROPERTY ADDRESS. The assigned number and roadway name shall serve as the property address.
ROADWAY. Any road, street, drive, lane, cart way, tram way, easement, right-of-way, access area, thoroughfare,
highway, boulevard, or any other corridor used for or having the potential use as a means of conveyance by a motor vehicle.
STATE ROAD NUMBER. The number assigned by the North Carolina Department of Transportation; also known as the
SR number for secondary state maintained roads.
STREET/ROAD NAME The official name of any roadway, designated by the Board of Commissioners or, in the case of
public roads, by the North Carolina Department of Transportation.
SUFFIX. The identifier following a road name, avenue, boulevard, circle, court, drive, highway, lane, loop, parkway, place,
point, road, run, square, street, terrace, trace, trail or way.
TRAVEL TRAILER. A vehicular portable structure less than 32 feet in length primarily designed as a temporary dwelling
for travel, recreation or vacation uses.
TRAVEL TRAILER PARK. A parcel of land designed and equipped to accommodate travel trailers.
VANCE COUNTY MASTER STREET ADDRESS GUIDE (MSAG). A complete list for all Vance County roadways
containing the names, addresses and emergency providers.
(Ord. 42, passed 5-6-2019)
ROADWAY NAMING PROCEDURES
§ 158.20 NAMES.
The names of roadways currently in place and listed in the current Master Street Address Guide (MSAG) that are located
within the jurisdiction of Vance County, shall be assigned/changed in accordance with this chapter. A copy of this chapter
and a list of street names shall be forwarded to the Department of Transportation pursuant to G.S. § 153A-239.1.
(Ord. 42, passed 5-6-2019)
§ 158.21 N EW NAMES.
(A) No new roadways shall be named without review of the Addressing Coordinator. In the event a roadway name is
denied, a written explanation as to why the name was denied will be provided.
(B) Any new name shall not be duplicative or be phonetically similar to any other name in the Vance County MSAG,
including municipalities located within Vance County.
(C) Directional names cannot be part of any name (e.g. Westover Rd or Northfield Dr are not acceptable).
(D) Abbreviations in the name cannot be used except for the following: Mt for Mount, St for Saint.
(E) Name suffixes may not be used as part of a name (e.g. Deer Run Dr or Eagle Way Ct are not acceptable).
(F) Alternate spelling and homonyms (dear and deer) are not acceptable. Additionally, all names must use the common
spelling as found in a standard dictionary.
(G) Names must not contain any punctuation or symbols. Only letters of the alphabet and blank spaces may be included
in names.
(H) Names that are numbers must be expressed spelled out and not numeric (e.g. Second Street is acceptable, not 2nd
Street). State and federal highways numbered are not to be used as names.
(I) Roadways shall be required to be named when providing vehicular access to apartment complexes, mobile home
parks, or two or more parcels.
(J) Street names, not including the suffix, must be limited to a maximum of 15 characters.
(K) Only one name may be assigned along a continuous roadway. Where permanent breaks exist, a new name must be
assigned to each segment. A permanent break may consist of, but is not limited to, a river or stream where continuous
access is not available between the two segments without using another street.
(L) The applicant for new roadway names shall be responsible for the sign costs as established by the county fee
schedule. These fees, once paid, are non-refundable. Roadway signs shall be required at each intersection with another
named roadway and shall be placed in accordance with the latest edition of the Manual of Uniform Traffic Control Devices
for Streets and Highways.
(Ord. 42, passed 5-6-2019)
§ 158.22 APPLICATION PROCESS FOR NEW ROADWAY NAMES.
The initial naming of new roadways shall be assigned upon the recordation of an approved subdivision plat in accordance
with the Vance County Subdivision Ordinance. The following items shall be included on any map submitted for subdivision
approval which creates a new roadway:
(A) The name proposed for each roadway identified on the map; and
(B) Completed Vance County application for new road name.
(Ord. 42, passed 5-6-2019)
§ 158.23 ROADWAY SUFFIXES.
The following name suffixes and their official abbreviations may be used in the naming of new roadways:
(A) AVE = Avenue. Any thoroughfare that is continuous and not limited to a single subdivision;
(B) BLVD = Boulevard. Roadway with a landscaped median dividing the roadway;
(C) CIR = Circle;
(D) CT = Court - Dead-end roadway or a roadway terminating in a cul-de-sac no longer than 600 feet.
(E) DR = Drive. For a curving, continuous thoroughfare.
(F) HWY = Highway. State, interstate, or federal highway.
(G) LN = Lane. A minor roadway;
(H) LOOP = Loop. Roadway that loops around and terminated onto itself;
(I) PKWY = Parkway. Collector or arterial roadway with a raised median;
(J) PL = Place. Permanently dead-end roadway ending in a cul-de-sac, no longer than 660 feet;
(K) PT = Point. Roadway adjacent to a waterway;
(L) RD = Road. Any thoroughfare that is continuous and found mainly in the rural area of any county;
(M) RUN = Run. A straight roadway in an undeveloped area;
(N) SQ = Square. Central Square set up for centralized development;
(O) ST = Street. Any thoroughfare that is continuous and used mainly in city and town;
(P) TER = Terrace. Curvilinear roadway of less than a 1,000 feet;
(Q) TRC = Trace. Small community roadway;
(R) TRL = Trail. Roadway serving as a collector for one or more local thoroughfares; and
(S) WAY = Way. A curvilinear roadway.
(Ord. 42, passed 5-6-2019)
§ 158.24 ROADWAY DIRECTIONALS.
Roadway directionals can be used with the approval of the Addressing Coordinator based on the following standards:
(A) Directions must be placed ahead of the street name in a separate field separate from the street name (for example, E
Smith St).
(B) Directionals cannot be used as a suffix or placed after the street name.
(C) Directionals must be used in a complimenting set. If a North directional is used there must also be a South directional.
If an East directional is used their must be a West directional.
(D) The prefix "N" (for North) shall be used for the northern portion of roadways having the same name.
(E) The prefix "S" (for South) shall be used for the southern portion of roadways having the same name.
(F) The prefix "E" (for East) shall be used for the eastern portion of roadways having the same name.
(G) The prefix "W" (for West) shall be used for the western portion of roadways having the same name.
(Ord. 42, passed 5-6-2019)
§ 158.25 RENAMING PROCEDURES AND REQUIREMENTS.
(A) (1) Property owners who want to have the name of a roadway changed shall submit a petition to the Addressing
Coordinator. The petition shall comply with this chapter and include the following:
(a) Existing roadway name;
(b) Proposed new name in accordance with this chapter;
(c) Basis why the petitioner is requesting the change;
(d) List of all individuals owning property adjacent to the subject roadway or whose driveway abuts the subject
roadway; and
(e) Signatures from 75% of those individuals listed in division (A)(1)(d) above which must encompass 75% of the
roadway frontage.
(2) Upon receiving a completed petition, the Addressing Coordinator shall verify the
information submitted in the petition and shall inform the County Manager of the pending petition and need for Board of
Commissioners action pursuant to G.S. § 153A-239.1 or its replacement, along with a recommendation of the petition.
(B) When renaming a roadway, the following should be taken into consideration:
(1) The county may not change the name of any name given to a roadway by the Department of Transportation unless
the Department of Transportation agrees to such changes.
(2) Any number assigned to a roadway by Department of Transportation may not be changed, although a roadway
name may be assigned in addition to its DOT Number.
(3) Largest impact. In most cases, the roadway with the larger number of homes, dwellings, or commercial structures
along the roadway should have priority and retain the name in order to minimize the number of people affected.
(4) Oldest roadway. When renaming a roadway which conflicts with this chapter and between two roadways the impact
will be equal, then the roadway that has been consistently signed for the longest period of time should retain the name.
(5) Historical significance. In some cases, the roadway with a name of historical significance should retain the disputed
name.
(Ord. 42, passed 5-6-2019)
§ 158.26 NOTICE OF ROADWAY NAME ASSIGNMENT OR CHANGES.
Upon the assignment or re-assignment of any roadway name, the Addressing Coordinator shall give notice to all owners
and occupants of the abutting property, to the local postmaster with jurisdiction over the roadway, to the Board of
Transportation, and to any city within five miles of the roadway, and others as set forth in G.S. § 153A-239.1(a). The
Addressing Coordinator shall also provide notice to any utilities serving the area, and emergency services agencies serving
Vance County.
(Ord. 42, passed 5-6-2019)
§ 158.27 INSTALLATION OF ROADWAY SIGNS.
(A) All road name sign blades shall be a minimum of six-inch vertical dimension sign with a minimum of four-inch letters.
The "blades" shall be made of reflective green sheeting with the road name in reflective white letters on both sides.
Developers of new major subdivisions as defined by the Vance County Subdivision Ordinance are permitted to propose and
install a reflective blade with an alternative color as long as it contains white lettering and is approved by the Addressing
Coordinator and the Vance County Planning Board.
(B) It shall be unlawful for any person to establish or erect any road sign that does not comply with the standards set forth
in this chapter and without receiving prior approval from the Addressing Coordinator. It shall be unlawful for any person to
intentionally destroy, mar, or deface any county road name sign.
(Ord. 42, passed 5-6-2019)
STREET NUMBERING AND ADDRESS ASSIGNMENT
§ 158.40 RULES AND GUIDELINES.
The rules and guidelines in this section should be followed to facilitate the orderly assignment of addresses to properties.
Properties and structures must be assigned addresses in a logical, easy to understand manner in order to help citizens and
emergency personnel quickly locate people, places and events.
(A) When to assign address numbers. After a new roadway is approved, it must be assigned an address range and each
individual property with a building, assigned numbers in accordance with the standards defined in this chapter. Addresses
should not be assigned to structures that are simply accessory to another building or are insubstantial in nature.
(B) Street addressing process in Vance County, NC. Address block ranges will be assigned to roadways shown on
approved preliminary plans. Individual physical addresses must be assigned to structures prior to approval of zoning permits
as required by the Vance County Zoning Ordinance.
(Ord. 42, passed 5-6-2019)
§ 158.41 GUIDELINES FOR NUMBERING AND RENUMBERING STREET ADDRESSES.
(A) Assignment of addresses for new development.
(1) Address ranges. All primary structures shall be assigned an address number that reflects the established
addressing formula. No address range in Vance County shall conflict with another address range in a contiguous locality. For
those rare duplicate street names in the county, the address range will be different for each street. The range will be
assigned consecutively for all duplicate street names; however, the numbering of the second street will have a break of a
minimum of 1,000 addresses.
(2) Addressing interval. Primary structure addresses shall be assigned consecutively so that a new address is created
ideally every 5.28 linear feet. Addresses will be assigned at the point of access (driveway) or to a structure point along the
front of the structure. If the driveway enters from the side or rear of the property, the structure shall be addressed on the
roadway that the structure fronts/faces at the approximate middle of the structure.
(3) Even and odd numbering. Odd-numbered addresses shall be assigned to the left in the direction of increase and
even numbered addresses shall be assigned to the right in the direction of the increase.
(4) Each unit within a multiple housing unit and mobile homes within mobile home parks shall be assigned a primary
911 address. Addresses shall be assigned from internal drives, using even and odd addressing. A mobile home park owner
may assign lot numbers, but the lot number shall not be used in the address of the lot.
(5) Addresses in sequential order. All addresses need to be in sequential numeric order, always increasing from the
point of origin, and should numerically balance on both sides of the roadway.
(6) Addresses will be established as whole numbers and will not have fractions or decimals of a number.
(7) Vacant properties shall, upon request, be assigned addresses during pre- development for location purposes only,
but once zoning approval pursuant to the Vance County Zoning Ordinance occurs it may have to be readdressed based on
the final layout or plan.
(B) Renumbering/readdressing a roadway:
(1) It shall be the duty of the Addressing Coordinator from time to time, and upon request, to review address numbers,
identify conflicts in number assignment and make changes which, in their opinion, are necessary or as follows:
(a) Due to conflicts with other addresses;
(b) Change in character or density of occupancy of any block;
(c) Lack of availability of additional numbers when the need arises;
(d) Addresses are determined to be out of sequence creating a potential public safety concern; or
(e) In conjunction with the changing of a roadway name.
(2) Upon the request of the Planning Director the Addressing Coordinator shall review the section of roadway or
roadways requested by the Planning Director.
(3) While undertaking any reviews, the Addressing Coordinator will take into consideration the public's health, safety
and general welfare. In the event an existing address has jeopardized the public's health, safety, or general welfare by
impeding timely emergency response, or in the event an existing roadway name reasonably could be perceived to
jeopardize the public's health, safety, or general welfare by impeding timely emergency response, the Addressing
Coordinator may make changes.
(4) When renumbering/reassigning addresses along a roadway it shall be done in accordance with § 158.41(A) of this
chapter.
(5) The Addressing Coordinator shall provide notice to all affected property owners by certified mail, return receipt
requested, to the current mailing address as listed with the Vance County Tax Office for the affected parcels of property.
Each notice shall include:
(a) The prior and new address assigned to the property; and
(b) Notice of right to appeal and appeal process.
(Ord. 42, passed 5-6-2019)
§ 158.42 POSTING OF STREET ADDRESS NUMBERS.
The owner, occupant or agent of the primary structure shall place or cause to be placed and maintained upon each
primary structure the numbers assigned under the addressing system as provided in this chapter. The following criteria must
be used to properly display the number:
(A) The address numbers shall be placed on the primary structure within 30 days from the date of notification by the
Addressing Coordinator after approval of such assignment as required by this chapter.
(B) The numbers shall be conspicuously placed immediately above, on, or at the side of the proper door of each primary
structure addressed so that the number can be seen plainly from the roadway on which the address is based and shall be a
minimum of four inches in height. Whenever any primary structure is more than 120 feet from the roadway which the
address is based upon, and the number is not clearly discernible from the roadway right of way, or vision of the primary
structure from the roadways is otherwise obscured, the number assigned shall be placed on a sign (minimum of six inches
by 18 inches) attached near the walk, driveway or common entrance to such primary structure. It shall be affixed upon a
gatepost, fence, post or other appropriate place so as to be easily discernible, and to clearly identify the entrance to a
property. Alternatively, numbers can be posted on an individual U.S. mailbox or U.S. mailbox stand/post for the building if:
(1) The U.S. mailbox is distant and separate from any other U.S. mailbox so as to eliminate confusion as to specific
ownership, and;
(2) The U.S. mailbox is located along the roadway on which the address is based, and is adjacent to the driveway or
access to the primary structure;
(3) The address numbers are affixed to the U.S. mailbox or U.S. mailbox post/stand in such a manner as to be visible
and readable from any and/or all directions from the roadway which it fronts;
(4) The address numbers on the US mailbox or US mailbox post/stand are no less than three inches in height.
(5) Numbers painted or stenciled on the curb shall not be a lawful substitute for the display of address numbers
prescribed by this section.
(C) Numbers for multiple dwelling units and nonresidential buildings shall be at least six inches in height and shall be
placed on the primary structure so as to be easily and readily seen facing the roadway nearest the street in which the
building is accessed.
(D) All numbers must be made of a durable, clearly visible material and must contrast with the color of the house,
building, or other structure. Numbers must also be reflective for night time identification.
(E) Address numbers should be plain block numeric numbers and not in alpha print or any type of script writing.
(F) The Addressing Coordinator shall be authorized to approve alternate methods of displaying the address numbers on
primary structures that meet the intent of this chapter.
(Ord. 42, passed 5-6-2019)
§ 158.43 NOTICE OF FINAL ADDRESS CHANGE.
After all rights to appeal a notice of address change pursuant to this chapter have expired or been heard, the Addressing
Coordinator shall give notice to the owners and occupants of all affected addresses, the local Postal Service, to any major
utilities serving the addressed area, to any emergency services agencies such as police, sheriff, fire departments and
ambulance service with jurisdiction over the addressed area.
(Ord. 42, passed 5-6-2019)
VIOLATIONS AND ENFORCEMENT
§ 158.55 VIOLATIONS AND ENFORCEMENT.
(A) Owners of real property upon which primary structures are already constructed will be required to comply with this
chapter. Those person(s) who do not comply with this chapter will be notified and requested, by the Addressing Coordinator,
to meet the requirements within 30 days from the date of notification. If the owner does not comply voluntarily with this
chapter within 30 days of receiving delivery of the notice by registered or certified mail or by hand delivery, enforcement
action pursuant to G.S. § 153A-123 may be initiated. A fine of $25 shall be imposed on the property owner for each day that
the address is not posted.
(B) No building permit shall be issued unless an official address number has been assigned for a lot.
(C) The certificate of occupancy for any structure erected, repaired or modified after the effective date of this chapter
shall be withheld by the Planning and Development Department until the address is posted on the structure as outlined in
this chapter.
(D) Any violation of the provisions of this chapter not specifically addressed in § 158.55(A), shall be guilty of a
misdemeanor and shall be subject to a fine of not more than $50 or imprisonment of not more than 30 days, as provided by
G.S. § 14-4C. Violations of this chapter may also be subject to further civil remedies as set forth in G.S. § 153A-123.
(Ord. 42, passed 5-6-2019)
APPEALS AND AMENDMENTS
§ 158.65 APPEALS.
Appeals of proposed street renaming/renumbering, individual addressing number changes or denial of a street name
request must be filed with the Address Coordinator, in writing, within 30 days of written notification of required owner action.
In the event of a denial by the Address Coordinator(s), individuals affected by proposed changes or denials may file appeal
to the Vance County Board of Commissioners. This final appeal must be filed in writing within 30 days of the denial with the
Address Coordinator(s) and will be placed on the next available Board of County Commissioner meeting agenda.
(Ord. 42, passed 5-6-2019)
§ 158.66 AMENDMENTS.
The provisions of this chapter may from time to time be amended, supplemented, changed, modified, or repealed by the
Board of Commissioners. The Vance County Board of Commissioners may also authorize a variance from these regulations
when in its opinion the interests of the public would best be served by such variance.
(Ord. 42, passed 5-6-2019)
Administrative Manual | New Hanover County, NC UDO | Updated: Error! Reference source not
found. 1
Private Roadway Design
Standards
Technical Manual
02-2020
Roadway Design Technical Manual | New Hanover County, NC | 02-2020 1
MATRIX TABLE FOR PRIVATE ROAD ROW SPECIFICATIONS
ROAD DESIGN STANDARDS
Alley Cul-de-
sac Local Collector
ROW (R) 20 45 45 50
Travelway Width (W) 18 22 24 26
Minimum Horizontal Centerline Radius 55 100 100 200
Minimum Edgeline Radius at Corners N/A 15 25 30
Pavement Design Standard (NCDOT) Local Local Local Collector
General Standards:
Minimum Offset Between Centerlines of Intersections 200
Tangent Length Between Horizontal Curves 100
Maximum Cul-de-sac Length 500'
Plaza Width (between back of curb and sidewalk) 5'
Sight Distance Triangle at Intersections 10'x70'
Roadway Design Technical Manual | New Hanover County, NC | 02-2020 2
Roadway Design Technical Manual | New Hanover County, NC | 02-2020 3
GUILFORD COUNTY CODE
Guilford County NC | Unified Development Code ARTICLE 8, pg. 7
MINOR SUBDIVISION STREET/ACCESS STANDARDS FIVE (5) LOTS OR LESS 1
Street/Access
Options
Minimum
Right-of-
Way or
Easement
Width 2
Minimum
Street
Width
Length 3
Street/Access
Construction
Standard
Street
Maintenance
Responsibility
Other
Requirements
Public Street 7,50 ft.
14 ft. One-
Way
20 ft. Two-
Way
Max. 800 ft.
/ 1600 ft.
(WCA)5
Must Meet or
Exceed NCDOT
Subdivision
Streets
Minimum
Construction
Standards
POA 6
Certification of
Street Construction
to NCDOT
Subdivision Streets
Minimum
Construction
Standards
Private Street
(new) 7 50 ft.
14 ft. One-
Way
20 ft. Two-
Way
Max. 800 ft.
/ 1600 ft.
(WCA)5
6” ABC Stone
and Meet
NCDOT
Subdivision
Streets
Minimum
Construction
Standards
EXCEPT No
Paving
Required 8
POA 6
Private Street
Disclosure
Certification
Statement (G.S. §
136- 102.6)
Must Have Direct
Access to a Public
Street
Exclusive
Access
Easement
(Public &
Private Streets;
Exclusive
Access
Easement
must be
Recorded) 9
25 ft.N/A
Allowable if
more than
300 ft. from
Public Street
Minimum
separation
between
centerline of
easement of
any other
platted
right-
of-way shall
be one
hundred
twenty-five
(125) ft.
N/A Property
Owner(s)
Only One (1) Lot a
Minimum of Three
(3) Acres in Size
One (1) Single-
Family Dwelling &
One (1) Accessory
Dwelling Unit110.
Uninhabited
accessory
structure(s) also
allowed per
ARTICLE 4 –
Accessory, Uses,
Buildings, and
Structures.
EXCERPT
GUILFORD COUNTY CODE
Guilford County NC | Unified Development Code ARTICLE 8, pg. 8
MINOR SUBDIVISION STREET/ACCESS STANDARDS FIVE (5) LOTS OR LESS 1
Street/Access
Options
Minimum
Right-of-
Way or
Easement
Width 2
Minimum
Street
Width
Length 3
Street/Access
Construction
Standard
Street
Maintenance
Responsibility
Other
Requirements
1. The number of lots that are existing, created, or combination thereof.
2. In some instances, minimum street Right-of-Way or Easement width of public and private streets may be required to exceed
minimum width based on Street function, number of lots served, and/or other factors specific to proposed development.
3. See Section 8.05 for approved Street terminus/turnaround.
4. See Public/Private Street Illustration below.
5. WCA - Watershed Critical Area. See ARTICLE 9 – Environmental Regulations.
6. Streets shall be dedicated to a Property Owners' Association (POA) or accepted by NCDOT for maintenance prior to further
subdivision activity. See Section 8.04.
7. See Public/Private Illustration below.
8. Private streets are required to meet minimum design guidelines for thickness of base and surface course per the most recent
NC Dept. of Transportation Subdivision Streets Minimum Construction Standards.
9. See Exclusive Access Easement illustration below.
10.Environmental Health septic suitability and other applicable Ordinance requirements apply.
Commentary: For roads to be added to the N.C. Dept. of Transportation (NCDOT)
system, individual(s) or property owners’ associations (POA) must submit a SR-1 form
(petition) to NCDOT. The requirements for addition are listed on the petition.
2. Utility Easement
Lots fronting on public streets with access to existing utilities are not required to have utility
easements. All other lots shall show a twenty (20) foot utility easement to the front, side, or rear of
each lot unless easement releases are obtained from all utility companies, in which case no utility
easement will be required.
3. Reserve Strips
Reserve strips adjoining street rights-of-way for the purpose of preventing access to adjacent property
shall not be permitted under any condition.
4. Public/Private Street Illustration:
GUILFORD COUNTY CODE
Guilford County NC | Unified Development Code ARTICLE 8, pg. 9
5. Exclusive Access Easement Illustration:
(File No. 21-08-GCPL-07440, 11/04/2021)
Effective on: 11/4/2021
8.5 MAJOR SUBDIVISIONS
GUILFORD COUNTY CODE
Guilford County NC | Unified Development Code ARTICLE 8, pg. 10
Major Subdivisions are all divisions of land into six (6) or more lots [See Subdivision (Major-Residential) in Table
4-3-1 Permitted Uses Table].
A. STREET ACCESS AND SIDEWALK STANDARDS
(5-13.3 – 5-13.6)
1. Lots on Thoroughfares
Major subdivisions shall not be approved that
permit individual residential lots direct access
to thoroughfares as designated on the
adopted Comprehensive Transportation Plan
(CTP).
2. Conformance with CTP and Collector Street
Plans
The location and design of streets shall
conform with the most recent CTP and
collector street plan. Where conditions
warrant, street right-of-way widths and
pavement widths in excess of the minimum
street standards may be required.
3. Conformance with Adjoining Street Systems
The planned street layout of a proposed
subdivision shall be compatible with existing
or proposed streets and their classifications
on adjoining or nearby tracts.
4. Reserve Strips
Reserve strips adjoining street rights-of-way
for the purpose of preventing access to
adjacent property shall not be permitted
under any condition.
5. Connection to Public Street Right-of-Way
All private streets or private access easements must be established and designed to have access via a
public street right-of-way.
6. Sidewalks
a.Except along controlled access roadways, sidewalks shall be required on all thoroughfares,
collector, sub-collector and local residential streets (except cul-de-sacs) within one (1) mile of a
park/recreation facility, school, shopping center, employment center or other major pedestrian
generator. Where sidewalks are installed, they shall have a minimum width of five (5) feet and be
constructed on one (1) side of the street right-of-way as determined by the Technical Review
Committee (TRC).
b.Alternative provisions for pedestrian sidewalk movement meeting the intent of this Section may
be used where unreasonable or impractical situations would result from application of these
requirements. Such situations may result from significant vegetation, impending street widening,
topography, utility easements, lot configuration or other unusual site conditions. In such
GUILFORD COUNTY CODE
Guilford County NC | Unified Development Code ARTICLE 8, pg. 11
instances, the Planning & Development Director may approve an alternate plan that proposes
different pedestrian routes provided such that the intent of this Section is fulfilled.
B. STREET DESIGN STANDARDS
1.Conformance with Existing Plans
a.The street layout shall conform to the arrangement, width, and location indicated on any
applicable CTP and collector street plan. In areas where plans have not been completed, the
streets shall be designed and located in proper relation to existing and proposed streets,
topography, natural features (e.g., streams and tree growth), public convenience and safety, and
to the proposed land use to be served by such streets; and
b.In cases where a proposed subdivision fronts or extends an existing street that does not comply
with the minimum standards of this Ordinance, the subdivider shall upgrade the portion of the
existing street abutting the subdivision, in accordance with the standards of this Ordinance.
2.Street Classification (2-1.7)
a.The final determination of the classification of streets in a proposed subdivision shall be made by
the County. A typical street cross-section is illustrated below:
b.Specific Street classification descriptions are listed below:
GUILFORD COUNTY CODE
Guilford County NC | Unified Development Code ARTICLE 8, pg. 12
Street Classification Description
ALLEY A roadway which affords only a secondary means of access to
abutting property.
COLLECTOR STREET (3)
A street whose principal function is to carry traffic between cul-de-
sac, local and other collector streets, and street of higher
classification, but which may also provide direct access to abutting
properties.
CUL-DE-SACS (6)A short local street having one (1) end open to traffic and the other
end permanently terminated by a vehicular turnaround.
LOCAL STREET (5)A street whose primary function is to provide access to abutting
properties.
MAJOR THOROUGHFARE (2)
Major thoroughfares consist of interstate, other freeway,
expressway, or parkway links, and major streets that provide for the
expeditious movement of high volumes of traffic within and through
urban areas.
MINOR THOROUGHFARE (1)
Minor thoroughfares collect traffic from collector, sub-collector, and
local street and carry it to the major thoroughfare system. Minor
thoroughfares may be used to supplement the major thoroughfare
system by facilitating movement of moderate volumes of traffic
within and through urban areas and may also serve abutting
property.
PRIVATE DRIVE (9)
A vehicular travelway not dedicated or offered for dedication as a
public street, providing access to parking lot(s) for two (2) or more
principal buildings in a group housing or group nonresidential
development.
PRIVATE STREET (7)
A vehicular travelway not dedicated or offered for dedication as a
public street, but resembling a cul-de-sac or a local street by carrying
traffic from a series of driveways to the public street system.
GUILFORD COUNTY CODE
Guilford County NC | Unified Development Code ARTICLE 8, pg. 13
c. Public Street Design Criteria (5-13.3)
The minimum street design standards for the street classifications listed in this Section are listed
below. Street right-of-way dedication and paving of streets in and adjacent to the subdivision
shall be in conformance with the street right-of-way and pavement width requirements listed
below and shall be designed in accordance with the NC Building Code – Fire Prevention Code &
Appendices and the North Carolina Department of Transportation (NCDOT) Subdivision streets:
Minimum Construction Standards, whichever is applicable.
MINIMUM PUBLIC STREET DESIGN STANDARDS
Classification Minimum Right- of-
Way 1
Minimum
Pavement Width
1, 2, 3
Stopping Sight
Distance Centerline Radius 3
MAJOR
THOROUGHFARE 90 – 100’64-68’650’1,530’
MINOR
THOROUGHFARE
Five Lane
Four Lane
80’
68’
60’
48’
550
475’
1,240’
955’
COLLECTOR 6 60’40’400’765’
SUB-COLLECTOR 6 56’36’250’440’
LOCAL
RESIDENTIAL
*With Ribbon 4 50’22’200’300’
With Curb/Gutter 50’30’200’300’
RESIDENTIAL CUL-
DE-SAC
*With Ribbon 4 50’22’200’300’
With Curb/Gutter 50’30’ 5 200’300’
LOCAL
INDUSTRIAL 60’40’325’575’
INDUSTRIAL CUL-DE-
SAC 60’40’325’575’
1. Recommended design standards. Exceptions may be approved by the TRC due to 1)relation of design standards to existing and
proposed streets, 2)topography, 3)natural features (e.g., streams and tree growth), 4)public convenience and safety, and
5)proposed land use to be served by such streets.
2. Unless additional width required under this Section.
3. Dimension in this column are from face of curb to face of curb, except ribbon pavement.
4. Watershed Critical Area (WCA) only.
5. With twenty (20) dwelling units or less, twenty-six (26) feet.
6. Wider right-of-way and pavement width may be required to accommodate pedestrian and bicycle facilities on streets
recognized on the official Greensboro Urban Area Metropolitan Planning Organization Collector Street Plan.
d. Private Street Design Criteria (5-13.3 – 5-13.4)
GUILFORD COUNTY CODE
Guilford County NC | Unified Development Code ARTICLE 8, pg. 14
Private streets shall be permitted in developments with Property Owners’ Associations and group
developments.
PRIVATE STREET MINIMUM DESIGN STANDARDS1
Minimum Common Area of
Obstructions
Minimum Pavement Width
(face to face)
Stopping Sight
Distance
Centerline Radius
Minimum
40’2 24’3 150’215’
1. All private streets will have a standard, thirty (30) inch curb and gutter section, unless the street is located in the WCA.
2. Common area may need to be wider when using ribbon pavement in the Watershed Critical Area (WCA).
3. Ribbon pavement width in Watershed Critical Area is 22 ft.
1)The pavement design for all private streets will be equivalent to the minimum design
standards for local residential streets of the NCDOT unless the developer supplies an
alternate pavement design supported by an engineering study. The developer must furnish
an engineer's seal and certification that the private streets have been tested and certified
for the subgrade, base and asphalt. Streets located in the WCA may be twenty-two (22)
feet of asphalt construction with shoulders and a ditch section. Common area may need to
be widened to retain the ditch section within the common area. All turnarounds must
comply with D103.1 of NC Fire Prevention Code (See chart below).
2)A Property Owners’ Association is required to own and maintain all private streets allowed
under this Ordinance. All private streets will be indicated as such on the final plat.
3)No through street in a residential area connecting two (2) public streets can be designated
as a private street, unless approved by the Technical Review Committee.
4)All private streets connecting with public streets require an approved driveway permit from
NCDOT. Where street returns are permitted, the developer shall construct a concrete band
running parallel with the public street. The width of this band shall commence at the gutter
line and extend to the street right-of-way of the public street.
e. Access & Turnaround
All streets must provide sufficient access & turnaround provisions for public safety in compliance
with the current adopted version of the North Carolina State Building Code – Fire Prevention
Code Appendix D as illustrated below:
GUILFORD COUNTY CODE
Guilford County NC | Unified Development Code ARTICLE 8, pg. 15
*For the purposes of this graphic, the terms street and road shall be synonymous.
f. Existing Substandard Streets (new)
An existing private street or unimproved platted street right-of-way shall be improved to NCDOT
standards if the total number of lots to be served is more than five (5) (existing, created or
combination thereof).
g. Connectivity
1) Adjacent Property(ies) (new)
(a)Where it is determined by the Technical Review Committee that it is desirable to
provide for street access to adjoining property(ies), proposed streets shall be
extended, purposed, and where appropriate, constructed to the boundary of such
property(ies).
(b)It is the intention of this Section to promote the orderly development of a local street
system that provides interconnection between developed or developing properties.
These requirements may vary at the discretion of the Technical Review Committee
(TRC) where compliance is determined not feasible because of topography, the
existence of environmentally sensitive lands, the need to preserve cultural resources,
and/or other similar considerations. In general, connections shall be required where
one of the following conditions exist:
i.Where the zoning and/or land use on the adjoining property(ies) are compatible
with the proposed subdivision. For purposes of this Section, compatible land use
shall mean any residential to residential land use or nonresidential to
nonresidential land use.
ii.Where there are no natural or man-made barriers that make the street
extension impractical;
GUILFORD COUNTY CODE
Guilford County NC | Unified Development Code ARTICLE 8, pg. 16
iii.Where the street extension will result in desirable traffic flows and patterns and
where inappropriate levels of through traffic are avoided; and/or
iv.Where the street extension will promote public safety and the overall orderly
development of the area. Where required to be built, all stub streets shall be
designed and constructed in accordance with the appropriate standards per
Subsection e above.
GUILFORD COUNTY CODE
Guilford County NC | Unified Development Code ARTICLE 8, pg. 17
Development
Type
Fire
Apparatus
Access Streets
Fire Apparatus
Access
Exceptions
Sight Distance
Triangle
Easements 1
Minimum
Street
Offset2
Grades at
Intersections3
Curb and
Cutter
Single or Two
Family
Dwelling
Residential
Developments
over 30 units
Shall provide
two (2)
separate and
approved fire
apparatus
access streets
meeting the
standards in
this Ordinance
and minimum
NCDOT’s
standards
shall be
provided.
In some
instances, the
Technical
Review
Committee
may allow a
stub street to
count as an
additional
development
entry point
when there is
a reasonable
likelihood of
the stub street
connecting to
a future
roadway.
Where there
are more than
thirty
(30) dwelling
units (existing
or created) on a
single public or
private fire
apparatus
access Street
and all dwelling
units are
equipped
throughout
with an
approved
automatic
sprinkler
system, access
from two
directions shall
not be
required.
The number of
dwelling units
on a single fire
apparatus
access Street
shall not be
increased
unless fire
apparatus
access streets
will connect
with future
development,
as determined
by the
Fire Marshal.
NCDOT
standard of
10 feet x 70
feet in size
along the
intersecting
rights-of-way,
with the
seventy
(70) foot
dimension
along the
cross street.
One
hundred and
twenty-five
(125)
feet.
Not exceed
five
percent (5%) f
or a distance
of not less
than one
hundred (100)
feet from the
centerline of
the
intersection.
Required in
developments
where public
water and/or
sewer is
provided.
GUILFORD COUNTY CODE
Guilford County NC | Unified Development Code ARTICLE 8, pg. 18
Development
Type
Fire
Apparatus
Access Streets
Fire Apparatus
Access
Exceptions
Sight Distance
Triangle
Easements 1
Minimum
Street
Offset2
Grades at
Intersections3
Curb and
Cutter
Multiple-
Family
Residential
Developments
(more than
100 dwelling
units)
Shall be
equipped
throughout
with
two (2)
separate and
approved fire
apparatus
access streets.
A single
approved
fire apparatus
access Street
may be
provided when
all buildings,
including
nonresidential
occupancies,
are equipped
throughout
with approved
automatic
sprinkler
systems
installed in
accordance
with
this ordinance.
NCDOT
standard
of ten (10)
feet x seventy
(70) feet in
size along the
intersecting
rights-of-way,
with the
seventy
(70) foot
dimension
along the
cross street.
One
hundred
and twenty-
five (125)
feet
Not exceed
five
percent (5%)
for a distance
of not less
than one
hundred (100)
feet from the
centerline of
the
intersection.
Required in
developments
where public
water and/or
sewer is
provided.
Multiple-
Family
Residential
Developments
(more than
200 dwelling
units)
Shall provide
three (3)
separate and
approved fire
apparatus
access streets
regardless of
whether they
are equipped
with an
approved
automatic
sprinkler
system.
N/A NCDOT
standard of
ten (10 ) feet
x seventy (70)
feet in size
along the
intersecting
rights-of-way,
with the
seventy (70)
foot
dimension
along the
cross street.
One
hundred and
twenty-five
(25) feet
Not exceed
five
percent (5%)
for a distance
of not less
than one
hundred (100)
feet from the
centerline of
the
intersection.
Required in
developments
where public
water and/or
sewer is
provided.
1. Triangular sight distance easements shall be shown at all street intersections and so noted on the final plat. These easements
will remain free of all structures: fences; trees; shrubbery; and signs, except utility poles; fire hydrants; and traffic control
signs.
2. Where streets are offset, the centerlines shall be offset no less than one hundred and twenty-five (125) feet.
3. The grade on streets approaching an intersection with stop signs shall not exceed five percent (5%) for a distance of not less
than one hundred (100) feet from the centerline of the intersection.
h.Block Length
GUILFORD COUNTY CODE
Guilford County NC | Unified Development Code ARTICLE 8, pg. 19
Blocks shall not exceed a perimeter length of six thousand (6,000) feet, except that a perimeter
length of up to twelve thousand (12,000) feet may be approved in the Watershed Critical Area.
Perimeter length is the shortest lineal measurement along the abutting street right-of-way lines.
i. Street Naming & Street Signs
1) Street Names
Street names shall conform to the standards set forth in Appendix 1 (Street Name and
Address Assignment Standards). Proposed street names shall be presented with
preliminary plat.
2) Public Street Intersection
At each intersection of a public or private street, drive or lane, the developer shall pay a fee
to the County for the installation of each required street name sign. The County shall erect
the street name sign(s).
3) Private Street Intersections
The developer shall be required to erect and maintain reflective signs at all intersections
between private streets, drives, or lanes or shall pay a fee to the County for the installation
of each required street name sign. Signs for private streets not installed by the County shall
be approved by the County as part of a Master or Common Sign Plan (see Section 7.12).
Signs shall exhibit a reflective white background with green lettering.
4) Traffic Control Devices
i.If NCDOT determines traffic control SIGNS and signals are necessary, they shall be
erected and maintained by the subdivider at each street intersection within the
subdivision.
ii.Traffic control signs also shall be installed where subdivision streets intersect with an
improved or State-maintained street.
iii.Traffic control signs shall comply with NCDOT standards related to size, shape, color,
location, and information contained thereon.
iv.Traffic control signs shall be installed free of visual obstruction.
v.Traffic calming devices (e.g., speed humps and bumps) shall be prohibited unless
approved by the Fire Marshal.
5) Maintenance
Maintenance of signs on private streets, drives or lanes shall be the responsibility of the
adjacent owners or Property Owners’ Association, as appropriate.
j. Street Trees (new)
Street trees shall be required in accordance with the following standards:
GUILFORD COUNTY CODE
Guilford County NC | Unified Development Code ARTICLE 8, pg. 20
Applicability Location 1 Timing Configuration 2 Maintenance
Provision
Maximum On-
Center Spacing 3
All multi-family
and non-
residential
developments
within the City of
Greensboro’s
Growth Tier I,
City of High
Point’s Future
Growth Area, or
other adopted
municipal
growth
strategies map.
Both sides of
streets, a
minimum of fifty
(50) feet of the
street centerline.
Required street
trees on
individual
building lots shall
be installed prior
to occupancy of
the dwelling unit
on such lot.
Street trees shall
be canopy trees
except beneath
overhead utilities
or other
projections into
the public street
right-of-way,
where
understory trees
shall be installed
instead.
Street trees shall
be maintained by
the individual
property owners
or Property
Owners’
Association.
Understory
Trees: Twenty
(20) – Thirty (30)
feet on center.
Canopy Trees:
Fifty (50) feet on
center.
1. Street trees shall be located within fifty (50) feet of the centerline of the street they serve, and may be located within front and
corner side setbacks, outside of the street right-of-way. Street trees should be located within tree easements of a sufficient
size to allow access by maintenance equipment to the entirety of the expected mature tree canopy.
2. All trees planted along or within a NCDOT street right-of-way shall conform to NCDOT guidelines.
3. Spacing may be reduced to avoid driveways or sight distance triangles as approved by the Technical Review Committee.
4. Existing trees shall be retained to the greatest extent possible during development and may be used to meet these
requirements.
C. UTILITY STANDARDS
1. Water and Sewer
a.Water and sewer lines, connections, and equipment shall be constructed in accordance with State
and local regulations.
b.Where public sewer is not available, lots shall be evaluated in accordance with "Laws and Rules
for Sanitary Sewage Collection, Treatment, and Disposal 11 NCGS 130A. Approval of the
Environmental Health Division, the North Carolina Department of Environment and Natural
Resources, or a Certified Soil Scientist shall be obtained after Preliminary Plan approval.
2. Other Utilities
a.Electrical, television cable, and telephone utility lines installed within major subdivisions shall be
underground unless the applicant, through consultation with the utility provider, demonstrates to
the Technical Review Committee that underground installation is inappropriate.
3. Utility Easements (5-13.6)
a. Major Subdivisions
To provide for electric, telephone, gas and community antenna television services conduits, and
sewer or water lines within the subdivision appropriate utility easements not to exceed thirty (30)
feet in width shall be provided. The location of such easements shall be reviewed and approved
by the County, with advice from utility providers, before Final Plat approval.
b. No Buildings or Improvements In Utility Easements
GUILFORD COUNTY CODE
Guilford County NC | Unified Development Code ARTICLE 8, pg. 21
Utility easements shall be kept free and clear of any buildings or other improvements that would
interfere with the proper maintenance or replacement of utilities. The County shall not be liable
for damages to any improvement located within the utility easement area caused by
maintenance or replacement of utilities located therein.
4. Stormwater Controls (5-8)
a.See ARTICLE 9 – Environmental Regulations for stormwater control requirements.
b.Plat Recordation: The permanent stormwater control measures shall be substantially completed
and have full design volume available prior to any plat recordation for the site. This may require
the cleanout and disposal of sediment from the stormwater control facility.
5. Fire Hydrants
a.All development serviced by a public water supply system shall include a system of fire hydrants
sufficient to provide adequate fire protection for buildings to be located within the development.
Fire hydrants shall be spaced a maximum of one thousand (1,000) linear feet apart and every
portion of lot frontage is within five hundred (500) linear feet of a fire hydrant. The Fire Marshal
may authorize or require a deviation from this standard if the Fire Marshal determines another
arrangement more satisfactorily complies with the intent or standards in this Ordinance.
b.Fire hydrants shall be placed no mor than three (3) feet or a at a distance as approved by the Fire
Marshal behind the public curb.
D. PUBLIC OPEN SPACE & SITES FOR PUBLIC USE
1.<Reserved>
E. COMMON AREAS (PROPERTY OWNERS’ ASSOCIATION 5-9)
1.Designation of Common Areas
All private streets, open space, recreation areas, and similar uses not dedicated to the public shall be
designated as common areas.
2.Conveyance of Property Owners’ Association
a. Creation. A Property Owners’ Association shall be established to fulfill the requirement of the
North Carolina Condominium Act or to accept conveyance and maintenance of all common areas
and facilities within a development containing common areas.
b. Conveyance. Where developments have common areas or facilities serving more than one (1)
dwelling unit, these areas shall be conveyed to the Property Owners’ Association in which all
owners of lots in the development shall be members. All private streets, open space, recreation
areas, and similar uses not dedicated to the public shall be designated as common areas. The fee-
simple title of the common area shall be conveyed by the subdivider or developer to the Property
Owners’ Association.
c. Subdivision or Conveyance of Common Area. Common areas shall not be subsequently
subdivided or conveyed by the Property Owners’ Association, unless a revised Preliminary Plat
and a revised Final Plat showing such subdivision or conveyance have been submitted and
approved.
d. Maintenance. Maintenance of common areas shall be the responsibility of the Property Owners’
Association. Interim maintenance of public streets also shall be the responsibility of the Property
Owners’ Association until accepted by NCDOT.
GUILFORD COUNTY CODE
Guilford County NC | Unified Development Code ARTICLE 8, pg. 22
Commentary: For roads to be added to the N.C. Dept. of Transportation (NCDOT)
system, individual(s) or property owners’ associations (POA) must submit a SR-1 form
(petition) to NCDOT. The requirements for addition are listed on the petition.
3. Submission of Property Owners’ Association Declaration
Prior to or concurrently with the submission of the Final Plat for review and approval, the subdivider
shall submit a copy of the proposed Bylaws of the Property Owners’ Association containing covenants
and restraints governing the Property Owners’ Association, plats, and common areas. The restrictions
shall include (but not be limited to) provisions for the following:
a. Existence Before Any Conveyance. The Property Owner's Association declaration shall be
organized and in legal existence prior to the conveyance, lease-option, or other long- term
transfer of control of any unit or lot in the development.
b. Membership: Membership in the Property Owner's Association shall be mandatory for each
original purchaser and each successive purchaser of a lot or unit. Provisions shall be made for the
assimilation of owners in subsequent sections of the development.
c. Property Owners’ Association Declaration: The Property Owners’ Association declaration shall
contain the following items:
1) Responsibilities of Property Owners’ Association: The Property Owners’ Association
declaration shall state that association is responsible for:
i.The payment of premiums for liability insurance and local taxes;
ii.Maintenance of recreational and/or other facilities located on the common areas; and
iii.Payment of assessments for public and private improvements made to or for the
benefit of the common areas.
2) Default of Property Owners’ Association: Upon default by the Property Owners’
Association in the payment to the County entitled thereto of any assessments for public
improvements or ad valorem taxes levied against the common areas, which default shall
continue for a period of six (6) months, each Owner of a lot in the development shall
become personally obligated to pay to the County a portion of the taxes or assessments in
an amount determined by dividing the total taxes and/or assessments due to the County by
the total number of lots in the development. If the sum is not paid by the Owner within
thirty (30) days following receipt of notice of the amount due; the sum shall become a
continuing lien on the property of the Owner, his/her heirs, devisees, personal
representatives and assigns. The taxing or assessing County may either bring an action at
law against the Owner personally obligated to pay the same, or may elect to foreclose the
lien against the property of the Owner.
3) Powers of the Property Owners’ Association: The Property Owners’ Association shall be
empowered to levy assessments against the Owners of lots or units within the
development. Such assessments shall be for the payment of expenditures made by the
Property Owners’ Association for the items set forth in this Section, and any assessments
not paid by the owner against whom such assessments are made shall constitute a lien on
the lot of the Owner.
4) Easements: Easements over the common areas for access, ingress, and egress from and to
public streets and walkways and easements for enjoyment of the common areas, and for
parking, shall be granted to each lot Owner.
GUILFORD COUNTY CODE
Guilford County NC | Unified Development Code ARTICLE 8, pg. 27
B. LOTS ADJOINING PUBLIC OR COMMON OPEN SPACE
Single family lots with public sewer service which abut dedicated public or common open space may be
developed with less than the minimum lot size provided the following requirements are met:
1.No lot shall be less than sixty percent (60%) of the minimum lot area for the zoning district in which it
is located, or five thousand (5,000) square feet, whichever is greater.
2.Rear setbacks may be reduced to fifteen (15) feet, if the rear property line abuts open space (should
probably define) areas.
8.9 PERFORMANCE GUARANTEES (MODIFIED 3-10)
A. GENERAL
A performance guarantee shall be required in the following circumstances:
GUILFORD COUNTY CODE
Guilford County NC | Unified Development Code ARTICLE 8, pg. 28
1.To ensure the completion of public infrastructure improvements that are required as part of an
approved subdivision but are not approved by the Planning & Development Director or County
Engineer as complete before approval of a final plat;
2.To ensure completion of public infrastructure improvements that are required as part of a site plan
(e.g., streets, sidewalks, landscaping, erosion control), but are not installed before occupancy of the
development; and
3.To ensure completion of private site improvements that are required as part of a site plan (e.g.,
landscaping, parking, screening, etc.), but are not installed before occupancy, provided the Planning &
Development Director determines that the property may be safely occupied and used regardless of
the delayed installation of the improvements.
B. TERMS OF PERFORMANCE GUARANTEES
The term of a performance guarantee shall state any time limit to complete installation of required
improvements that is included in approval of the final plat or associated permit, as appropriate, but in no
case shall the term exceed two (2) years. The Planning & Development Director may, for good cause shown
and with approval of the provider of the guarantee, grant up to one (1) extension of the term, for a time
period not exceeding one (1) year accompanied by an updated Opinion of Probable Cost (OPC).
C. FORM OF PERFORMANCE GUARANTEES
The Owner or Developer shall furnish a performance guarantee in any of the following acceptable forms:
1. Letter of Credit
If the Developer provides a Letter of Credit, it must be accompanied by an Improvement Performance
Guarantee Agreement (written in substantial form as the template shown in Appendix 3), be valid for
at least one (1) year, and be payable to Guilford County at any time upon presentation of:
a.A sight draft drawn on the issuing Bank;
b.An affidavit executed by an authorized County official stating that the Developer is in default
under this Agreement, and
(1)An authorized official for purpose of this subsection shall include the County Manager, the
Planning Director, or their designees. The Developer shall renew the Letter of Credit for
successive one (1)-year terms until this Agreement is of no further effect.
(2)The original Letter of Credit. The Letter of Credit must be issued by a financial institution
approved by the County and located within Guilford County, North Carolina, and must be
irrevocable.
2. Surety or Performance Bond
a.If the Developer provides a performance bond, (written in substantial form as the template
shown in Appendix 3) using the Development Bond Template, it must be valid for at least one (1)
year and payable to the County upon default of this Agreement. The bonding company must be
licensed to do business in North Carolina. The bond also must detail the procedure for drawing
funds once the Developer is determined to be in default under this Agreement. The Developer
shall renew the performance bond for successive one-year terms until this Agreement is of no
further effect. If a performance bond is deemed to be perpetual in form the bonding company
will be required to provide annual notice of the performance bond's continuance.
b.An authorized County official for purpose of this subsection shall include the County Manager,
the Planning & Development Director, or their designees.
3. Cash Deposit or Equivalent Security
GUILFORD COUNTY CODE
Guilford County NC | Unified Development Code ARTICLE 8, pg. 29
a.Cash deposits or equivalent security will be placed in a separate Guilford County account and
designated for this purpose.
b.An Improvement Performance Guarantee Agreement (written in substantial form as the template
shown in Appendix 3) shall accompany a cash deposit or equivalent security.
c.The performance guarantee and the Improvement Performance Guarantee Agreement (see
template in Appendix 3) shall be conditioned on the performance of all work necessary to
complete the installation of the required improvements within the term of the performance
guarantee. Performance guarantees shall provide that in case of the Owner’s or Developer’s
failure to complete the guaranteed improvements, the County shall be able to immediately
obtain the funds necessary to complete installation of the improvements.
d.An authorized official for purpose of this subsection shall include the County Manager, the
Planning & Development Director, or their designees.
4. Improvements to be Completed
Upon recordation of seventy-five percent (75%) of the total lots approved within a subdivision, the
Developer shall be required to complete all remaining public improvements (i.e., infrastructures,
landscaping, and buffering) prior to consideration of extension of both the Performance Guarantee
and Agreement, if applicable. Exceptions may be provided on a case-by-case basis as approved by the
Planning Director.
D. AMOUNT OF PERFORMANCE GUARANTEE
1.Performance guarantees for required improvements shall equal one hundred and twenty- five percent
(125%) of the estimated full cost of completing the installation of the required improvements,
including the costs of materials, labor, and project management.
2.An Opinion of Probable Cost for completing installation of required public infrastructure
improvements shall be itemized by improvement type and certified by the Owner’s or Developer’s
registered engineer and are subject to approval by the Planning & Development Director. Estimated
costs for completing installation of required landscaping or other private site improvements (non-
infrastructure improvements) shall be itemized and certified by the Owner’s or Developer’s contractor
and are subject to approval by the Planning & Development Director.
E. REDUCTION AND RELEASE OF PERFORMANCE GUARANTEE
1.The Planning & Development Director shall authorize the release of all or a portion of any
performance guarantee posted as the improvements are completed. Such completion shall be
certified as completed by a North Carolina Registered Professional Engineer or the owner’s or
developer’s contractor for non-infrastructure improvements. The County may reduce the total
financial security by the ratio that the completed improvements compared to the total estimated cost
of improvements required, provided that no more than one such reduction may be permitted prior to
releasing the performance guarantee.
2.The County will release the security when all required Completion Certification Forms have been
provided and any required maintenance guarantee and corresponding documents have been
provided.
F. EXTENSION OF PERFORMANCE GUARANTEE
1.If the Opinion of Probable Cost or contractor’s estimate, as appropriate, is updated and the guarantee
is renewed, the amount of the performance guarantee and agreement shall be updated to reflect cost
increases and duration of the extension.
G. DEFAULT OF PERFORMANCE GUARANTEE
GUILFORD COUNTY CODE
Guilford County NC | Unified Development Code ARTICLE 8, pg. 30
1.All developments whose improvements are not completed and accepted fourteen (14) days prior to
the expiration of the performance guarantee shall be considered to be in default. Said guarantee may
be extended with the consent of the County, if such extension takes place prior to default.
2.If the Owner or Developer fails to complete the installation of the guaranteed improvements within
the term of the performance guarantee, the Planning & Development Director or his/her designee
shall give the Owner or Developer a minimum sixty (60) days written notice of the default by certified
mail.
3.After the notice period expires, the County may draw on the guarantee and use the funds to perform
work necessary to complete installation of the guaranteed improvements. After completing such work,
the County shall provide a complete accounting of the expenditures to the Owner or Developer and, as
applicable, refund all unused funds, without interest.
4.In no case shall a performance guarantee be extended without written approval from the County.
H. OVERSIZED IMPROVEMENTS
The County may require installation of certain oversized utilities or the extension of infrastructure to
adjacent property when it is in the interest of future development. If the County requires the installation of
oversized improvements, the County shall reimburse the Developer for the oversizing based on the rates
set by the County.
8.10 RESERVED
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
Item: Petition TA 4-26 – Planning Ordinance – Public Hearing and Notice
I. Background
On March 12, 2026, the Planning Board conducted a public discussion regarding proposed amendment to the
Planning Ordinance eliminating advisory-level public hearings at Planning Board meetings and ensure alignment
with North Carolina General Statute Chapter 160D. The Board recognized that these hearings are not statutorily
required and acknowledged the potential financial stewardship of reducing public costs, estimated to exceed $3,000
annually.
The Planning Board affirmed its continued commitment to public engagement by collecting public comments at
regular meetings and providing recommendations to the Board of County Commissioners. The Commissioners will
conduct the required legislative public hearing process in accordance with state law. The Planning Board requested
that mailed notice requirements for public hearings be maintained.
III. Summary of Proposed Amendments
• This amendment codifies Public Hearing are only for the Governing Board, and not Planning Board
• This amendment has gone through the following public review process:
– March 5, 2026 – initial publication on County Planning Board Packet
– March 12, 2026 – initially Planning Board discussion and guidance to support recommendation
– April 2, 2026, and April 9, 2026 - notice issued for Planning Board Public Hearing
– April 9, 2026 – Planning Board Public Hearing
IV. Staff Analysis and Recommendation
These updates support the County’s goal of a clear, consistent, and modern planning framework by ensuring
regulations are compliant, easy to understand, and aligned with sustainable development practices. Consolidating
the ordinance will reduce redundancy, improve accessibility, and enhance administrative efficiency.
Staff recommendations:
• Open public hearing as advertised and continue to May 14, 2026
V. Comprehensive Plan Consistency
Person County Planning Ordinance, as well as NCGS § 160D-604 & § 160D-605, requires zoning maps and ordinance
amendments be consistent with the adopted Compressive Plan. A statement reflecting the consistency must
accompany the Planning Board recommendation. A general statement of plan consistency and a desire for clear
regulations can be used as adequate support, if a specific language from the Comprehensive plan cannot be found.
VI. Action
Continue Public Hearing to May 14, 2026
VI. Submitted by
Nishith Trivedi, Planning Director
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
Text Amendment 04-26 - Planning Ordinance – Public Hearing and Notice
153-4 PLANNING BOARD REVIEW AND RECOMMENDATION - After submission of a completed application, the
Zoning Administrator shall conduct or oversee a comprehensive review of the application and prepare a written
analysis and professional recommendation for consideration by both the Planning Board and the Board of County
Commissioners. the Zoning Administrator will schedule a public hearing for the Planning Board in accordance with
the published Planning Board meeting schedule on file in the Planning and Zoning Department. A notice of such
public hearing shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation
in Person County. Said notice shall be published the first time not less than ten (10) days and not more than
twenty-five (25) days prior to the date established for such public hearing. (Amended 11/5/01; 7/22/02;
3/13/2006). For map amendments, the Zoning Administrator will be responsible for mailing written notices to all
property owners within 500’ of the property including the applicant and properties separated from the subject
property by street, railroad, and other transportation corridor (N.C.G.S. 160D-602). The Zoning Administrator shall
post notice on the land subject to the application within the same time period specified for mailed notice of the
hearing before the Board of Commissioners using weatherproof signs, one sign per road frontage and posted no
more than 25’ from the street right-of-way (NCGS 160D-602)(Amended 8/4/25). Signs must be clearly visible from
the street and designate “Zoning Proposal Pending” with the phone number of the Planning and Zoning
Department. When multiple parcels are included, a posting on each individual parcel is not required, but there
should be reasonable notice provided to interested persons.
a) When conducting a review of proposed zoning text or map amendments pursuant to this section, the
Planning Board shall advise and comment on whether the proposed action is consistent with the County’s
comprehensive plan that has been adopted. The Planning Board shall provide a written recommendation
to the Board of Commissioners that addresses plan consistency and other matters as deemed appropriate
by the Planning Board, but a comment by the Planning Board that a proposed amendment is inconsistent
with the comprehensive plan shall not preclude consideration or approval of the proposed amendment
by the Board of Commissioners (N.C.G.S. 160D-604 (d)).
b) When reviewing any zoning text or map amendment, the Planning Board shall approve a brief statement
describing whether its action is consistent or inconsistent with the adopted comprehensive plan and a
brief statement of reasonableness. The statement of reasonableness and plan consistency required in this
section may be approved as a single statement. Board members may adopt this statement when acting
upon the zoning text or map amendment or as a separate motion (N.C.G.S. 160D-605).
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
154-3 PLANNING BOARD REVIEW AND RECOMMENDATION - After submission of a completed application, the
Zoning Administrator shall conduct or oversee a comprehensive review of the application and prepare a written
analysis and professional recommendation for consideration by both the Planning Board and the Board of County
Commissioners., the Zoning Administrator will schedule a public hearing for the Planning Board in accordance
with the published Planning Board meeting schedule on file in the Planning and Zoning Department. A notice of
such public hearing shall be published once a week for two (2) consecutive weeks in a newspaper of general
circulation in Person County. Said notice shall be published the first time not less than ten (10) days and not more
than twenty-five (25) days prior to the date established for such public hearing. The Zoning Administrator will be
responsible for mailing written notices to all property owners within 500’ of the property including the applicant
and properties separated from the subject property by street, railroad, and other transportation corridor (N.C.G.S.
160D-602). The Zoning Administrator shall post notice on the land subject to the application within the same time
period specified for mailed notice of the hearing before the Board of Commissioners using weatherproof signs,
one sign per road frontage and posted no more than 25’ from the street right-of-way. (NCGS 160D-602)(Amended
8/4/25). Signs must be clearly visible from the street and designate “Zoning Proposal Pending” with the phone
number of the Planning and Zoning Department. When multiple parcels are included, a posting on each individual
parcel is not required, but there should be reasonable notice provided to interested persons.
a) When conducting a review of proposed map amendments pursuant to this section, the Planning Board
shall advise and comment on whether the proposed action is consistent with the County’s comprehensive
plan that has been adopted. The Planning Board shall provide a written recommendation to the Board of
Commissioners that addresses plan consistency and other matters as deemed appropriate by the Planning
Board, but a comment by the Planning Board that a proposed amendment is inconsistent with the
comprehensive plan shall not preclude consideration or approval of the proposed amendment by the
Board of Commissioners (N.C.G.S. 160D-604 (d)).
b) When reviewing any map amendment, the Planning Board shall approve a brief statement describing
whether its action is consistent or inconsistent with the adopted comprehensive plan and a brief
statement of reasonableness. The statement of reasonableness and plan consistency required in this
section may be approved as a single statement. Board members may adopt this statement when acting
upon the zoning text or map amendment or as a separate motion (N.C.G.S. 160D-605).
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
156-4 PLANNING BOARD REVIEW AND RECOMMENDATION After submission of a completed application, the
Zoning Administrator shall conduct or oversee a comprehensive review of the application and prepare a written
analysis and professional recommendation for consideration by both the Planning Board and the Board of County
Commissioners., the Zoning Administrator will schedule a public hearing for the Planning Board in accordance
with the published Planning Board meeting schedule on file in the Planning and Zoning Department. A notice of
such public hearing shall be published once a week for two (2) consecutive weeks in a newspaper of general
circulation in Person County. Said notice shall be published the first time not less than ten (10) days and not more
than twenty-five (25) days prior to the date established for such public hearing. The Zoning Administrator will be
responsible for mailing written notices to all property owners within 500’ of the property including the applicant
and properties separated from the subject property by street, railroad, and other transportation corridor (N.C.G.S.
160D-602). The Zoning Administrator shall require that notice be posted on the land subject to the application
within the same time period specified for mailed notices of the hearing before the Board of Commissioners (NCGS
160D-602). The applicant shall post the notice on weatherproof signs supplied by the Planning and Zoning
Department, one sign per each road frontage and no more than 25’ from the street right-of-way. Signs must be
clearly visible from the street and designate “Zoning Proposal Pending” with the phone number of the Planning
and Zoning Department. When multiple parcels are included, a posting on each individual parcel is not required,
but there should be reasonable notice provided to interested persons.
a) When conducting a review of proposed map amendments pursuant to this section, the Planning Board
shall advise and comment on whether the proposed action is consistent with the County’s comprehensive
plan that has been adopted. The Planning Board shall provide a written recommendation to the Board of
Commissioners that addresses plan consistency and other matters as deemed appropriate by the Planning
Board, but a comment by the Planning Board that a proposed amendment is inconsistent with the
comprehensive plan shall not preclude consideration or approval of the proposed amendment by the
Board of Commissioners (N.C.G.S. 160D-604 (d)).
b) When reviewing any map amendment, the Planning Board shall approve a brief statement describing
whether its action is consistent or inconsistent with the adopted comprehensive plan and a brief
statement of reasonableness. The statement of reasonableness and plan consistency required in this
section may be approved as a single statement. Board members may adopt this statement when acting
upon the zoning text or map amendment or as a separate motion (N.C.G.S. 160D-605).
158-3 PLANNING BOARD REVIEW AND RECOMMENDATION - After submission of a completed application, the
Zoning Administrator shall conduct or oversee a comprehensive review of the application and prepare a written
analysis and professional recommendation for consideration by both the Planning Board and the Board of County
Commissioners., the Zoning Administrator will schedule a public hearing for the Planning Board in accordance
with the published Planning Board meeting schedule that is on file in the Planning and Zoning Department. A
notice of such public hearing shall be published once a week for two (2) consecutive weeks in a newspaper of
general circulation in Person County. Said notice shall be published the first time not less than ten (10) days and
not more than twenty-five (25) days prior to the date established for such public hearing. The Zoning
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
Administrator will be responsible for mailing written notices to all property owners within 500’ of the property
including the applicant and properties separated from the subject property by street, railroad, and other
transportation corridor (N.C.G.S. 160D-602). The Zoning Administrator shall require that notice be posted on the
land subject to the application within the same time period specified for mailed notices of the hearing before the
Board of County Commissioners (N.C.G.S. 160D-602). The applicant shall post the notice on weatherproof signs
supplied by the Planning and Zoning Department, one sign per each road frontage and no more than 25’ from the
street right-of-way. Signs must be clearly visible from the street and designate “Zoning Proposal Pending” with
the phone number of the Planning and Zoning Department. When multiple parcels are included, a posting on each
individual parcel is not required, but there should be reasonable notice provided to interested persons.
a) EXCEPTION: Applications for vested rights related to Special Use Permits do not require Planning Board
Review and Recommendation.
ARTICLE IV - DEFINITIONS
EVIDENTIARY HEARING - A hearing to gather competent, material, and substantial evidence in order to make
findings for a quasi-judicial decision required by a development regulation adopted under this Ordinance.
Pursuant to N.C.G.S. Chapter 160D, this requirement applies exclusively to decision-making bodies, specifically
the Board of Commissioners and the Board of Adjustment (Added 5/3/21)
Planning Board Rules and Procedures
4.d Notice
Notice of all public hearings meetings for the calendar year shall be posted on the County website as approved
by the Planning Board every December advertised in the newspaper, except for “special” public meetings
hearings, which shall be advertised in accordance with the open meetings law (e.g. 48 hours prior to meeting).
All such notices shall state the location of the building or lot, the general nature of the question involved, and
the time and place of the hearing. The Zoning Administrator shall give public notice by all of the following
means:
By publishing or advertising notice to the parties of the action at least 10 days but no more than 25 days prior to
the hearing.
By making an attempt to notify by mail all property owners of parcels of land within 500 feet of the parcel of
land that is the subject of the hearing.
By posting notice of the hearing before the Board of County Commissioners by means of a “Zoning Proposal
Pending” sign provided by the Planning and Zoning Department at a prominent place or places on the property
which is the subject of the action at least 10 days prior to the hearing. The applicant shall post the notice with
PERSON COUNTY
PLANNING AND ZONING DEPARTMENT
325 S. Morgan Street,
Roxboro, North Carolina 27573
one sign per each road frontage and no more than 25’ from the street right of way. Signs must be clearly visible
from the street.
5. Applications and Public Hearings
a. Procedure for Filing Applications
i. No application shall be considered by the Board unless a completed application is
received in accordance with the Filing Calendar maintained by the Planning and Zoning
Department.
ii. All applications shall be filed with the Planning and Zoning Department. All applications
shall be made upon the form furnished for that purpose, and all required information
shall be provided thereon before any application shall be considered as having been filed.
b. Fees
i. A fee, in accordance with a fee schedule adopted by the Board of Commissioners, shall
accompany an application. No application shall be considered complete unless
accompanied by the fee as herein prescribed.
c. Hearings
i. Public Hearing Meeting Date:
1. After receipt of a completed application per the Filing Calendar, the Board shall
hear the case at the next regular or special called meeting.
ii. Public Input:
iii. Anyone that attends a Planning Board meeting shall have the opportunity to make public
comments on any agenda item. Prior to speaking, each person shall give their name and
address for the minutes of the meeting. Time limitations may be placed on speakers, at
the discretion of the Chair, based upon the number of those wishing to address the Board.
General Rules of Procedure:
1. All hearings and meetings shall follow the general guidelines for procedure:
a. Prior to opening the floor for discussion among the members of the
Board; the Chair may, at their discretion, solicit comments from the
public.
b. Prior to taking any motions, the Chair shall open the floor for discussion
among the members of the Board.
c. No vote may be taken without a motion.