42-95. Major Subdivisions (Eleven (11 or more Lots or Commercial, Office Institutional, or Industrial)

A. Subdivisions of 35 or More Lots.

  1. Shall provide a minimum of two (2) entrance roads. (The second entrance requirement must be specifically waived by the approving authority, and only where unique circumstances (including severe topographic conditions, the presence of unique natural areas, existing development patterns, or other limiting site conditions) would prevent the addition of a second entrance.)
  2. No more than 35 lots within a subdivision shall be accessed by a dead-end road, cul-de-sac or turnaround or a series of dead-end roads, cul-de-sacs or turnarounds to access the main entrance(s)/exit(s) for the subdivision (except where a stub road is proposed as a future connection (however, stub road proposals do not entitle adjoining property owners access to the subdivision).

Soil Erosion and Sedimentation Control Plan. The applicant must provide written notice from:

  1. The appropriate state and/or local agencies verifying an Erosion and Sedimentation Control Plan has been received, or
  2. A professional land surveyor, engineer, landscape architect, architect, or professional planner certifying no plan is required.

Developers should not disturb and clear more land than needed for infrastructure and other subdivision related improvements.

C. Water Supply System and Sewage Disposal System Required. Every lot shall be served by a water supply system and sewage disposal system adequate to accommodate the reasonable needs of the proposed use and comply with all applicable health regulations. The applicant must provide evidence that water supply system and sewage disposal system plans have received final approvals by the appropriate agency prior to final plat approval (except as noted in item C(1) below).

  1. Individual Water Supply and Sewer Systems (Well and Septic Tanks). Where the water supply system and/or sewage disposal system to be installed is an individual system for each lot, the installation of said systems will not be required prior to final plat approval.
  2. Municipal Water Supply Systems and Municipal and Approved Public or Community Sewage Disposal System Requirements. Where a municipal water supply system or municipal sewage disposal system is/are proposed, a letter from the respective agency/agencies stating there is sufficient capacity to a make connection to the system(s), must accompany the subdivision application. All public water supply systems, municipal sewage disposal systems, and approved public or community sewage disposal systems shall be installed and shall meet the requirements of the local or State authorities having jurisdiction thereof.
  3. Required Connection to a Municipal Water Supply System and Municipal Sewage Disposal System. The approving authority may require a subdivision of 300 or more units connect to a municipal water supply system if located within two (2) miles of an existing municipal water supply system. If a subdivision is within 5,000 feet of an existing municipal water supply system and the distance is equal to or less than the product of 100 feet multiplied by the number of proposed lots; the subdivision shall be required to connect to the municipal water supply system.

The Approving Authority may require a subdivision of 300 or more units connect to a municipal sewage disposal system if the subdivision is located within one (1) mile of an existing municipal sewage disposal system. If a subdivision is within 2,500 feet of an existing municipal sewage disposal system and the distance is equal to or less than the product of 50 feet multiplied by the number of proposed lots, the subdivision shall be required to connect to the municipal sewage disposal system.

Required connects may be provided exception on the basis of terrain, availability of acquiring easements, denial of allocation by the public utility, insufficient capacity of the municipal system or other circumstances unusual or unique to the site. Requests for exceptions must be made, in writing, to the Subdivision Administrator who may require that such requests be supported by a professional engineer's review of the subdivision plans and planned route of the utility extension. If the Subdivision Administrator determines that it would not be economically feasible for a subdivision to be connected to a municipal water supply system or municipal sewage disposal system, another system may be used, subject to approval by the appropriate agencies.

D. Fire Protection Requirements. Either:

  1. Install a minimum of one (1) hydrant per 1000 feet of linear road distance (if served by a public water supply system who may impose more stringent fire protection requirements where necessary): or
  2. Install a dry fire hydrant system ( the type and location of which is to be determined by the County Fire Marshal) and all-weather access road for fire-fighting equipment to a permanent surface water supply (minimum 100,000 gallon storage in a 50 year drought).
  3. If the subdivision is neither served by a public water supply system nor has or is adjacent to an adequate permanent surface water supply it shall be thoroughly reviewed by the reviewing agency and applicant to determine if alternative measures to ensure adequacy of fire protection exist. Where deemed necessary and without creating an undue hardship on the applicant, the reviewing agency may require the applicant to install alternative fire protection measures.

E. Stormwater Drainage. Drainage systems (swales, ditches, pipes, culverts, detention ponds, lakes or similar devices) shall be designed to minimize adverse effect on the proposed subdivision and on adjacent and downstream properties. Drainage improvements shall be designed and constructed in accordance with applicable State Road Standards and to:

  1. Follow natural drainage (where possible),
  2. Contain points of stormwater discharge onsite (unless offsite discharge is approved by the reviewing agency and adjoining property owners),
  3. Maintain desirable groundwater conditions,
  4. Minimize erosion, downstream sedimentation, flooding or standing water conditions,
  5. Filter pollutants before stormwater reaches surface water, and
  6. Avoid excessive stormwater discharge.

F. Farmland Preservation District Setback. A minimum 100 foot setback for all buildings or structures is required from any Farmland Preservation District (marked on official maps maintained by the Henderson County Soil and Water Conservation District). Subdivisions located adjacent to a Farmland Preservation District should be developed using §42-87 Conservation Subdivision Standards.

G. Reasonable pedestrian access shall be provided to promote healthy and safe walking environments.

1. Pedestrian facilities (sidewalks and/or walking trails) shall be:

  1. 100 or more lots or
  2. A density equal to or greater than two (2) units per acre
    1. Provide one (1) linear foot of sidewalk or walking trail for every linear foot of improved or newly proposed roadway within the tract.
    2. Located in a road right-of-way, pedestrian access easement, or other dedicated open space.
    3. Five (5) feet in width or more.
    4. Constructed (sidewalks only) with concrete, asphalt, or other permanent all-weather surface such as gravel.

The location and design of such facilities shall be approved by the reviewing agency. The maintenance and expansion of pedestrian facilities will fall under the authority of the homeowners’ association, which must be established where pedestrian facilities are required.

  1. Street Tree Requirements. Street trees shall be required in accordance with Article V (Landscape Design Standards) Subpart C (Street Tree Requirements).
  2. Subdivision Setback and Buffering. When a tract to be subdivided is within a residential zoning district, the following shall be required:
    1. A 50 foot structure setback from any external road which is not classified as a local road, with the understanding that lots may be created which contain all or portions of the setback.
    2. Installation of a B2 buffer (see Article V (Landscape Design Standards) Subpart A (Buffer Requirements)) within the required setback where the tract is located along a: collector road, thoroughfare, boulevard, expressway or freeway. The applicant should, where possible, maintain existing stands of trees in accordance with §42-184 (Credits for Preserving Existing Trees) to meet this standard.
  3. Air Quality. As required by NCGS Chapter 143, Article 21, all subdivisions shall show proof of compliance, if applicable, with air quality guidelines established by the Division of Environmental Management and NCDENR.