§ 4-18. Planned conservation development (PCD).

4-18.1.

Purpose and applicability. The purpose of the Planned Conservation Development (PCD) option is to provide the developer with greater flexibility and the creativity necessary to plan development around identified conservation areas without compromising the economic value of the development, as well as to minimize the total amount of disturbance on the site.

Conservation Areas include: natural areas protected by law, such as wetlands that meet the definition in the Clean Water Act; shore land areas; water bodies; riparian buffers; populations of endangered or threatened species, or habitat for such species; archaeological sites, cemeteries, and burial grounds; important local historic sites; existing healthy, native forests consisting of at least one acre of contiguous area; individual existing healthy trees; other significant natural features and scenic viewsheds; existing trails or corridors that connect the tract to neighboring areas.

In order to accomplish these purposes:

(A)

The Carteret County Planning Commission may authorize housing units to be clustered or otherwise arranged in non-traditional ways so that resources are conserved.

(B)

A PCD is an option for all development proposed on contiguous land area of acceptable size, as deemed appropriate by the Planning Commission.

(C)

If identified Conservation Areas comprise less than 20% of a proposed subdivision, the PCD option may not be used.

(D)

If identified Conservation Areas comprise 20-40% of a proposed subdivision, the Planning Commission shall decide if the PCD option or a conventional subdivision shall be used, unless the developer chooses to use the PCD option only. When identified Conservation Areas comprise 20-40% of a proposed subdivision and the developer does not opt to use the PCD option, the developer must submit two preliminary plans, one for a PCD and one for a conventional design. The planning commission will review both preliminary plans at a specially-called planning commission meeting and shall decide which plan would be the best development plan for the tract of land. Any preliminary plat submitted by the developer shall be based upon the preliminary plan that is selected by the Planning Commission.

(E)

If identified Conservation Areas comprise more than 40% of a proposed subdivision, the PCD option must be used.

(F)

Exemptions: Major Subdivisions with less than 20% in identified conservation areas; Major Subdivisions with no improvements, and Minor Subdivisions shall be exempt from this requirement; however the developer of a qualifying minor subdivision is encouraged to develop according to this option.

(G)

No PCD shall be used to increase the overall residential density of the development, unless approved by the Planning Commission according to Section 4-18.2(B).

(H)

The PCD may include a mixture of single-family dwellings, multi-family units, and commercial uses associated with the development, as well as passive and active recreational uses.

(I)

The total amount of land intended for development by lots, roadways, parking, and non-amenity structures shall not exceed 50% of the gross area of the tract.

4-18.2.

Residential density.

(A)

Density neutral. The maximum number of lots is based on the underlying zoning district or land use classification specified in the CAMA Land Use Plan or the Down East Conservation Ordinance. This means the development maintains the same level of density as a conventional subdivision, unless a density bonus is approved by the Planning Commission according to Section 4-18.2(B).

(B)

With Planning Commission approval, the density may be increased up to 3% from the allowed density for each of the following criteria that are met, for a possible total density increase of 12%:

(1)

Preserve more than 50% of the total acreage to be used for buffers, common areas, open spaces, and amenities. Conservation Areas may be included, if preserved to the satisfaction of the Planning Commission. No more than 10% of the total acreage may be used for man-made lakes or ponds, unless approved by the Planning Commission.

(2)

Provide a public or private water and sewer system to service the development instead of individual wells and septic systems.

(3)

Dedicate the improved water access to the public for enjoyment by all persons. The property owners' association shall maintain until accepted by a governmental entity.

(4)

Develop active recreational areas (such as recreational trails, soccer fields, playgrounds, baseball/softball fields, etc.) provided in relation to the overall project size.

4-18.3.

Building separation, parking, and yard regulations. Upon approval by the Planning Commission, the developer may establish their own building separation, parking, and yard setback regulations to allow for more flexibility, to maximize environmental protection, to meet the open space requirements, and to group complementary land uses; however, the minimum state building code shall be met, as well as the minimum parking standards of the zoning ordinance, whether or not the proposed PCD is in a zoned area. In no case shall minimum building separation be less than ten feet and no side yard shall be less than three feet.

In addition, all dwelling units shall be served by at least four off-street parking spaces, at least two of which must be on-site. Any off-street parking spaces that are located off-site and intended to comply with this four off-street parking spaces requirement must be located within 200 feet of the subject parcel. Each such off-street parking space that is located off-site can be used to satisfy the off-street parking space requirement for only one parcel.

4-18.4.

Buffers, common areas, open spaces, and amenities.

(A)

A minimum 30-foot buffer along the perimeter of the property shall be required, including any waterfronts. The 30-foot buffer may be concurrent with any buffers required by other agencies or ordinances, such as CAMA or the Down East Conservation Ordinance.

A minimum 50-foot buffer from the normal high water level is required for all development within Areas of Environmental Concern (AEC). This buffer is the CAMA 30-foot buffer plus an additional 20-foot buffer. The following standards shall apply:

(1)

The buffer shall be incorporated into one or more remnant parcels apart from buildable lots.

(2)

The buffer shall remain in its natural state, without encroachment or alterations, except as provided herein or outlined in CAMA regulations as exemptions.

(3)

Only pathways, boardwalks and access to docks, piers, and similar water structures or amenities may encroach within the additional 20-foot portion of the buffer, except that the Planning Commission may approve other encroachments.

(B)

Buffers, common areas, open spaces, and amenities shall be owned, preserved, and maintained by the property owners' association assuming full responsibility of ownership, conservation, and maintenance; or until they are offered and accepted by a governmental entity or non-profit organization.

(C)

All buffers, common areas, open spaces and amenities shall be maintained so that their use and value are not diminished or destroyed.

(D)

The common areas and open spaces intended for stormwater management or recreation shall be reserved permanently and have direct access via frontage on a right-of-way or easement.

(E)

Maintenance of buffers, common areas, and open spaces intended for conservation shall be limited to the removal of litter, dead tree materials, and dead and invasive plant materials. Maintenance of common areas and open spaces preserved for archaeology shall be limited to the removal of litter, dead tree materials, and dead and invasive plant materials, until professional excavations commence.

(F)

Community water amenities, where provided, shall be located adjacent to a common area on high ground, if applicable. Such common area shall be directly adjacent to either a right-of-way or a minimum 15-feet wide easement serving the community, allowing the residents and/or public direct access to the water amenities.

(G)

The remaining land not developed by lots, roadways, parking or non-amenity structures shall be incorporated as a common area and open space, which may accommodate pathways, walking or bicycle trails; stormwater management features (nonstructural and structural); wetlands; marsh; wildlife habitat; septic systems comprised of single or multiple septic tanks and drainage fields; easements for drainage, access, and underground utility lines; and passive and active recreational area.

(H)

The PCD shall incorporate trees into community open space, street right-of-way, parking lot islands, and other landscaping areas. All existing trees shall be preserved to the greatest extent possible.

(I)

Clearing and grading of native vegetation on the development site shall be limited to the minimum amount needed to build lots, to provide for streets, parking, water access, utilities, to create recreational areas, and to provide clearance for public safety equipment.

(J)

No wetland may be filled in, relocated, or otherwise changed or modified without the express approval of the Planning Commission.

4-18.5.

Development design requirements.

(A)

The developer shall utilize the following four-step process in developing the project:

(1)

Identify Conservation Areas.

(2)

Locate House/Commercial Sites.

(3)

Align Streets and Trails.

(4)

Draw in the Lot Lines.

(B)

Vehicular access to and within the development shall be provided in accordance with Section 4-3.4 herein and Appendix D of the State Fire Code; however, to allow for cluster developments, to encourage innovation, and to provide more flexibility, the developer may choose the following options for the roadway, if approved by the Planning Commission:

(1)

The roadways may be constructed to NCDOT construction standards but not to NCDOT design standards.

(2)

The roadways may be constructed and designed using innovative construction and design methods.

(3)

If approved by the Planning Director or designee, alternatives to the traditional cul-de-sac and the standard two-lane roads are encouraged (i.e., a loop road, turnabout, roundabout, a pervious island in the middle of the road, or a hammerhead).

(C)

As approved by the Planning Commission, a pathway system to accommodate pedestrians and bicycles shall be constructed throughout the community. This pathway shall be made of permeable or pervious material (such as, but not limited to, washed stone or gravel, paver blocks, bricks set in sand, grass pavers or grid pavers). Impervious materials may be used only with express approval by the Planning Commission.

(D)

The development shall use Best Management Practices (BMPs) and Low-Impact Development (LID) practices to control stormwater as defined herein.

(E)

The developer shall adhere to all other applicable requirements of the underlying zoning district and other local, state, or federal regulations (for instance, building height, DENR, CAMA).

4-18.6.

Application procedure and approval process.

(A)

Initial conference. Before submitting an application for a PCD, the developer shall meet with the Planning Department to discuss what is generally planned for the PCD and the procedure for approval, including submittal requirements and design standards.

(B)

Initial PCD Application. The review of the initial PCD application shall follow the procedure outlined in Preliminary Design Plan Review Procedures of these Subdivision Regulations.

In addition, the developer shall submit a series of maps and descriptive information to the Planning Department for the Technical Review Committee (TRC) meeting, as described in Parts 1) through 3) below. This mapping can be done in any combination of features, as long as individual map components can be distinguished and the relationship between map components can be determined by the Planning Department.

(1)

Site analysis involving the inventory and mapping of existing resources, including at least the following mapped at a scale of no less than one inch to one hundred feet (1"=100'):

a)

Topographic contours at 2-foot intervals.

b)

Soil type locations and characteristics, particularly suitability for wastewater disposal systems.

c)

Conservation Areas, hydrologic characteristics, including surface water bodies, floodplains, groundwater recharge and discharge areas, wetlands, natural swales, mean high-water lines, AEC areas, water body classifications, drainageways, and steep slopes (if applicable).

d)

Land cover on the site, according to general cover type (pasture, woodland, etc.), and any stand-alone trees 12 inches in diameter or larger.

e)

Current and past land use, all buildings and structures on the land, cultivated areas, brownfields or other waste sites, and history of waste disposal practices, paved areas, and all encumbrances, such as easements or covenants.

f)

Known critical habitat areas for rare, threatened or endangered species.

g)

Scenic views of the site, including views onto the site from surrounding roads, public areas and elevated areas, including photographs with a map indicating the location where the photographs were taken and their directional orientation.

h)

Unique geological resources.

i)

Cultural resources: brief description of historic character of the site, buildings and structures, historically important landscapes, and archeological features and resources.

(2)

Development breakdown. The developer shall submit a table showing the number and type of dwelling units that are proposed, number and type of commercial units (if applicable), amount of land to be developed, and amount of land to be conserved.

(3)

Preliminary Plan. Using the site analysis inventory, the development breakdown, and applying the design standards specified herein, the developer shall submit a preliminary plan that includes the following information, the information in subsections (1) and (2) above, plus the additional items specified in Appendix A at a scale of no less than one inch to one hundred feet (1" = 100'):

a)

Open space and common areas, indicating which areas are to remain undeveloped and pedestrian pathway locations.

b)

Boundaries of areas to be developed, proposed street and lot layout, and preliminary development envelopes, showing areas of lawns, pavement, buildings, and major grading areas.

c)

Number and type (i.e., single-family, multi-family) of housing units, and other uses that are proposed, including typical lot layouts for each type of lot and/or use. If alternative building separation and yard requirements are approved, typical lot layouts shall be shown for each size.

d)

Proposed methods for, and location of, water supply, stormwater management (particularly best management practices and low impact development practices), and sewage treatment.

e)

Inventory of preserved and disturbed natural features and prominent views.

f)

Proposed methods for ownership and management of any buffer, common area, open space, or amenity.

g)

Proposed methods for, and locations of, parking for each use, lot, and common areas or amenities, including overflow parking. For residential uses, a typical parking plan shall be shown for each type of lot and/or dwelling unit on a basis of three (3) spaces per dwelling unit.

(C)

If an exempt minor subdivision is submitted for approval under the PCD regulations and Conservation Areas comprise at least 20% of its gross acreage, it is not required to submit the conventional subdivision for Planning Commission review. In addition, if the proposed subdivision is larger than 2 acres, it does not need to prepare the tree inventory normally required for the initial PCD application/preliminary plan.

(D)

Preliminary Plat. Application for preliminary plat approval shall be made in accordance with the procedure outlined in Preliminary Plat Review and Approval Procedures of these Subdivision Regulations.

No lots that are smaller than required by the zoning ordinance or the subdivision regulations shall be approved unless the Planning Commission also approves the proposed lot coverage deed restrictions and covenants that will be instituted for those smaller lots.

(E)

Final plat. Application for final plat shall be made in accordance with the procedure outlined in Final Plat Review and Approval Procedures of these Subdivision Regulations. No building permits shall be issued for development within the PCD (except for planned amenities) until the final plat has been approved by the Planning Commission, signed by the appropriate persons, and recorded in the Carteret County Register of Deeds.

Failure to record the final plat within six (6) months after approval by the Planning Commission shall make the plat null and void.

(Amd. of 5-7-07(4); Ord. of 7-21-08(4); Ord. of 7-16-12(1); Amend. of 11-16-15(1))