Article III - Subdivision Regulations
Subpart D. Subdivision Standards by Type.
Nonstandard subdivision lots shall:
Be exempt from the density requirements of this Chapter.
Include special use lots (the structures located thereon must meet any applicable zoning or water
watershed requirements) clearly identified for a designated use.
Be identified and encumbered to its specified use on a final plat.
Be provided with a platted or deeded right-of-way that connects each proposed lot and remainder
a public road.
Not be counted in the number of lots in a subdivision for administrative purposes.
Special Subdivisions (Five (5) or Fewer Lots)
Where there is insufficient acreage to meet the density regulations of the zoning districts, up to five (5) lots may be
created where each lot is at least one half (1/2) acre (21,780 square feet in size.
Minor Subdivisions (Six (6) to Ten (10) Lots)
Minor subdivisions shall adhere to all applicable requirements of this Chapter.
Major Subdivisions (Ten (10) or more Lots or Commercial, Office Institutional, or
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.)
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
access to the subdivision).
B. Soil Erosion and Sedimentation Control Plan. The applicant must provide written notice from:
The appropriate state and/or local agencies verifying an Erosion and Sedimentation Control Plan
has been received, or
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
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).
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.
Where a subdivision is located entirely or partially in those areas designated as Rural (RAA) in the
Comprehensive Plan, the applicant shall adhere to one (1) of the following two (2) options:
Community Well System. Provide a community well system (a type of public water supply
system) that meets State standards for public community water systems (individual wells shall not
be permitted in this situation). The location of each well and the waterlines shall be shown on the
development plan. If the locations of the well(s) or waterlines change, the applicant shall submit a
revised development plan. The distribution system (waterlines) is not required to be constructed
and installed prior to beginning land disturbing/construction activity or any other improvements.
Individual Wells (not recommended).The applicant shall provide reasonable documentation
demonstrating there is sufficient water supply to support 60 percent of the proposed lots. The
location of each well shall be shown on the development plan.
The applicant shall provide documentation for either Option a or Option b prior to beginning any
land disturbing/construction activity or any other improvements not associated with the
installation of the well or wells.
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
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.
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
No subdivision located within those areas designated as Rural (RAA) in the Comprehensive Plan,
shall be required by the approving authority to connect to a municipal water supply system or
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.
Fire Protection Requirements. Either:
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
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).
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.
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:
Follow natural drainage (where possible),
Contain points of stormwater discharge onsite (unless offsite discharge is approved by the
reviewing agency and adjoining property owners),
Maintain desirable groundwater conditions,
Minimize erosion, downstream sedimentation, flooding or standing water conditions,
Filter pollutants before stormwater reaches surface water, and
Avoid excessive stormwater discharge.
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 §42-88 Conservation Subdivision Standards.
Reasonable pedestrian access shall be provided to promote healthy and safe walking environments.
Pedestrian facilities (sidewalks and/or walking trails) shall be:
100 or more lots or
A density equal to or greater than two (2) units per acre
Provide one (1) linear foot of sidewalk or walking trail for every linear foot of improved or newly
proposed roadway within the tract.
Located in a road right-of-way, pedestrian access easement, or other dedicated open space.
Five (5) feet in width or more.
Constructed (sidewalks only) with concrete, asphalt, or other permanent all-weather surface such
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.
Street Tree Requirements. Street trees shall be required in accordance with Article V (Landscape Design
Standards) Subpart C (Street Tree Requirements).
Subdivision Setback and Buffering. When a tract to be subdivided is located outside a Comprehensive Plan
designated Community Service Center Node and within a residential zoning district, the following shall be
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.
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 §42-185 (Credits for Preserving Existing Trees) to meet
compliance, if applicable, with air quality guidelines established by the Division of Environmental
Management and NCDENR.