Article 12: Infrastructure and Public Improvements

Sec. 12.1. Improvement Requirements

12.1.1. General

A. Applicability

The requirements of this Article shall apply to all developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., unless expressly exempted by the language of the sections below.

B. Mitigation

The approving authority can require on- and off-site improvements to mitigate the impacts of the proposed developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

C. Clearing and Grading

1. All property required to be dedicatedClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency., reservedClosed The withholding by a private entity of specific real estate from development pending acquisition by a public agency. or otherwise set aside and identified on the approved site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary platClosed A map indicating the proposed layout of a development and related information that is submitted for preliminary review. shall be surveyed, staked, and appropriately marked and protected prior to beginning clearing and gradingClosed A land disturbing activity that modifies the contours of the land. work.

2. All clearing and gradingClosed A land disturbing activity that modifies the contours of the land. work shall be in conformance with the approved site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary platClosed A map indicating the proposed layout of a development and related information that is submitted for preliminary review..

D. Floodplains

Base floodplain elevation data shall be provided for all developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. proposals that are impacted by a floodplain as required by Sec. 8.4, Floodplain and Flood Damage Protection Standards.

E. Compliance

Prior to any land disturbing activityClosed Any use of land by any person in residential, industrial, educational, institutional or commercial development, and in highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. This includes borrow and waste disposal activity not regulated by the provisions of the Mining Act of 1971 or the Department of Health and Human Resources, Division of Health Services. Land disturbing activities over which the State has exclusive regulatory jurisdiction as provided in NCGS § 74-46 through 74-68, or NCGS § 113A-56 (a) shall not be included in this definition., the applicant shall comply with all Federal, State, and local permitting requirements.

F. Utility Lines and Drainage Channels

Such facilities shall be located in groupings and with the least possible disturbance to existing trees to the maximum extent allowed by sound engineering practices, as determined by the Public Works director or designee.

G. Consistency with Adopted Plans

DevelopmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall comply with adopted public plans for the area in which it is located. This includes plans for public facilitiesClosed A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government. such as rights-of-way, parks and open spaceClosed Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction., schools, and other similar facilities.

12.1.2. Survey Monuments and Markers

Permanent survey monuments and markers shall be installed in accordance with N. C. General Statutes 39-32 and 47-30, as supplemented by City/County and N. C. Department of Transportation requirements.

12.1.3. Public Facility Sites

When a proposed site for any public facilityClosed A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government., including but not limited to schools, or other public use sites, is shown on an adopted plan, the site shall be reservedClosed The withholding by a private entity of specific real estate from development pending acquisition by a public agency. and/or dedicatedClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency. in accordance with paragraph 3.6.7E, ReservationClosed The withholding by a private entity of specific real estate from development pending acquisition by a public agency. of Public FacilityClosed A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government. Sites and Lands.

12.1.4. Required Easements

A. Storm drainage and utility easementsClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. for water, sanitary sewer, electricity, gas and communications improvements shall be provided in the location and to the width as required by the provider.

B. EasementsClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. for other purposes, including but not limited to trails and greenways, scenic views, historic preservation, cemeteryClosed A place used or to be used and dedicated or designated for interment of human remains or pet animal remains. access, and unique natural sites, shall be designed for reservationClosed The withholding by a private entity of specific real estate from development pending acquisition by a public agency. or dedicationClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency. as appropriate.

C. All site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. and platsClosed A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. shall exhibit standard easementClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. notes stating the type and purpose of the easementClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. along with a list of prohibited uses/activities within the easementClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes..

D. Any cross access agreement shall specify maintenance responsibilities and require that access be unrestricted. The agreement and a platClosed A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. depicting the easementClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. shall be recorded. Copies of the recorded documents and an attorney certification that the requirements of this paragraph have been met shall be provided to the Planning Director or designee.