Loading...
This chapter shall govern all subdivisions of land lying within the corporate limits and extraterritorial jurisdiction of the city, as now or hereafter established.
(‘58 Code, § 14-2) (Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"BUILDING SETBACK LINE.” A line parallel to the front property line in front of which no structure shall be erected.
“COUNCIL.” The City Council of the city.
“DOUBLE-FRONTAGE LOT.” A continuous (through) lot of the same depth as the width of a block, containing two tiers of lots, and which is accessible from both of the streets on which it fronts.
“EASEMENT.” A grant by the property owner for use, by the public, a corporation, or person of a strip of land for specified reasons.
“EXTRATERRITORIAL JURISDICTION.” The land, if any, as shown on the official zoning map in the Inspector's office, as approved by joint action of the City Council and the Stanly County Board of Commissioners.
“GROUP DEVELOPMENT.” A development comprising two buildings such as a group of apartments, and the land is not subdivided into the customary streets and lots.
“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 the word “plot” or “parcel.”
“OFFICIAL MAPS OR PLANS.” Any maps or plans officially adopted by the Council as a guide for the development of the city and surrounding area.
“PLANNING BOARD.” The planning board of the city.
“SHALL.” The word “SHALL” is always mandatory and not merely directory.
“SINGLE-TIER LOT.” A lot which backs on a limited- access highway, a railroad, a physical barrier, or nonresidential use and to which access from the rear of the lot is usually prohibited.
“STREET.” A dedicated and accepted public right-of-way for vehicular and pedestrian circulation.
(1) “ARTERIAL.” A traffic artery designed primarily to carry heavy volumes of local vehicular traffic.
(2) “COLLECTOR STREET.” A street designed to carry medium volumes of vehicular traffic, provide access to the major street system, and collect the vehicular traffic from the intersecting minor streets.
(3) “CUL-DE-SAC.” A street intersecting another street at one end and permanently terminated by a vehicular turn- around at the other.
(4) “EXPRESSWAY.” A traffic artery designed primarily to carry heavy volumes of through vehicular traffic at high speeds, with access only from another street and not from abutting properties.
(5) “LOCAL AND MINOR STREET.” A street, the principal purpose of which is to provide vehicular access to the properties abutting it.
(6) “MARGINAL ACCESS STREET.” A local or minor (service) street which parallels and is immediately adjacent to a major street or highway, and which provides access to abutting properties and protection from through traffic and control of intersections with major traffic streets.
“SUBDIVIDER.” Any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.
“SUBDIVISION.” Includes all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions, including when any one or more of those divisions are created for the purpose, whether immediate or future, of sale or building development, and shall include all divisions of land involving the dedication of a new street or a change in existing streets. “Exempt Subdivisions”, as defined in this section, shall not be included within this definition, nor be subject to the regulations prescribed by this chapter, except as necessary for ensuring city standards and proper recording requirements for land records are met.
“SUBDIVISION ADMINISTRATOR.” Shall be the Director of the Planning and Development Services Department or other city employee designated by the Director responsible for overseeing the application, review and subsequent approval or denial of all subdivisions of land and formal changes to parcels of land occurring in the jurisdiction of the city.
“SUBDIVISION (EXEMPT).” Includes all state-exempt combinations, recombinations, divisions, and public acquisitions of land, as defined in this section and in accordance with all applicable state statutes. Where conflicts arise in future definitions, the state statute shall be enforced. The following shall be considered to be exempt:
(1) The combination or recombination of portions of previously platted lots, where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the city as required by this chapter. This shall include the common adjustment of lot lines when properly surveyed and recorded.
(2) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved.
(3) The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system corridors.
(4) The division of a tract of land in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved, and where the resultant lots are equal to or exceed the standards of the city, as required by this chapter.
(5) The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 of the General Statutes.
“SUBDIVISION (MAJOR).” Intended to allow for the common subdivision of a parcel(s) of land for the eventual use, sale, improvement and/or development of the parcel. This shall include all subdivisions requiring dedication of public right-of-way and/or public amenities, and includes all divisions of property or other changes to parcel lines not defined as either “exempt” or “minor” subdivisions.
“SUBDIVISION (MINOR).” Intended to allow for the practical and efficient division of family estates and other small-scale, residential property distribution and sales, as well as commercial transactions, where none of the aforementioned require significant dedication to or investment from the city. This shall include the division of a tract or tracts of land of any size into not more than ten total parcels, both original and new parcels, with the following conditions:
(1) All resultant lots shall meet or exceed all other standards of the city and requirements of this chapter.
(2) All lots shall have adequate frontage along an existing street and/or right-of-way, and no lots shall require dedication of street rights-of-way to the city.
(3) For a period of not less than one year, there shall be no additional minor subdivisions of land on the resultant parcels, nor any parcels under the ownership of the subdivider, their partners, affiliates or any other party with a demonstrated shared financial interest at any point in the one-year period when the parcels are located closer than 1,000 feet to the closest point of any of the resultant parcels. Nothing in this section shall prevent the designation of and subsequent subdivision of any of the aforementioned properties as major subdivisions.
(‘58 Code, § 14-3) (Am. Ord. 06-09, passed 4-3- 06; Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21 Am. Ord. 21-26, passed 7-12-21; Am. Ord. 24-06, passed 2-19-24)
Prior to submitting a preliminary plat application in the case of major subdivisions, or prior to submitting final plat applications in the case of exempt and minor subdivisions, it is recommended that the subdivider or their representative submit to the Director of Planning and Development Services, or his or her designee, (heretofore referred to as the Subdivision Administrator), a simple sketch plan of the proposed subdivision. Included with the sketch plan shall be a sketch vicinity map, showing the subdivision in relation to the surrounding area. Within a reasonable time following submission of a sketch plan, the Subdivision Administrator shall schedule and hold a meeting with the subdivider and any other involved parties. All parties should discuss the proposed subdivision and become familiar with the regulations affecting the land to be subdivided. This procedure is recommended to ensure that all subsequent plats are submitted with complete information so that the subdivision process is not delayed; however, sketch plan submission and review is not required and does not require a formal application or a fee.
(‘58 Code, § 14-4) (Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
After determining a proposed subdivision to be either exempt, minor or major, the Subdivision Administrator shall determine the appropriate process for approval and provide the subdivider with the necessary information to proceed, including application, required fees, schedule of any required board and council meetings and the number and types of required plans, copies and other documents.
(Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
All major subdivisions must go through both a preliminary approval and final approval process, whether single or multi-phased developments. The procedure for obtaining preliminary plat approval is as follows:
(A) The subdivider/applicant shall submit to the Director of Planning and Development Services, or his or her designated Subdivision Administrator, the following:
(1) A signed and completed application for subdivision review, obtainable through the Subdivision Administrator and/or other Planning and Development Services staff, as well as online when possible. Application shall be deemed complete when the Administrator finds all required information to be provided and the appropriate fee for the subdivision type, as determined by the Administrator, has been paid.
(2) At least three black- or blueline prints of the proposed subdivision prepared in accordance with the requirements of § 91.15. Additional prints may be required when deemed necessary.
(3) Two signed statements describing the proposed use of the land, and a draft, if required by the Subdivision Administrator, of any protective covenants to be applied to the subdivision.
(4) Three copies of any supplemental information, such as contour maps, floodplain maps, and the like, when required by the Subdivision Administrator. Additional copies may be required when deemed necessary.
(5) A digital copy of all black- or blueline prints of the proposed subdivision and all supplemental documents submitted with the application. Copy may be submitted on disc, email or any other method, and in PDF or other format deemed appropriate by the Subdivision Administrator.
(B) At the time of submission of the preliminary plat, the subdivider/applicant shall pay to the Subdivision Administrator, or other designated employee of the Planning and Development Services Department, a filing fee, as provided in the schedule of fees relative to planning and zoning established by ordinance of the City Council.
(C) Upon receipt of a completed application, including proposed subdivision plans and all additional documents, the Subdivision Administrator shall review and may request a report or feedback from any person or agency directly concerned with the proposed development, such as the District Highway Engineer, County Health Department, and the Superintendent of Schools. The reports shall certify compliance with or note deviations from the requirements of this chapter, and include comments on other factors that bear upon the public interest. Such reports shall be provided to the subdivider upon their request. In cases of larger proposed developments, the Subdivision Administrator may require a formal review of the plans by a committee designated to review and report on such plans.
(D) Following receipt of any requested reports, the Subdivision Administrator may prepare recommendations for the subdivider, applicant, Planning Board and other parties associated with the project. The recommendations shall be completed in a reasonable time, and the subdivider shall be granted reasonable time to respond to such recommendations and provide amended plans and other documents at their discretion. Any revisions made to the original preliminary plans and supplementary documents shall be indicated on the new documents and hard copies and digital formats resubmitted to the Administrator. The subdivider may also request a delay in the review by any appointed or staff review board, including the Planning Board. Any delay in time by the subdivider to respond to recommendations or amendments to plans shall not count against the total time provided for the Planning Board's action on the preliminary plan.
(E) Before acting on the preliminary plat, the Planning Board may request reports from any person or agency directly affected by the proposed development. These reports shall certify compliance with, or note deviations from, the approved preliminary plat and the requirements of this chapter.
(F) Planning Board shall conduct an administrative hearing and consider approval, denial or approval with modifications of the preliminary plat in accordance and compliance with city code and other related regulations and general statutes related to subdivisions and development. The decision by the Board shall be made within 60 days of first hearing of a complete application and preliminary plat unless the subdivider/applicant agrees to a longer time period.
(G) Actions of the Planning Board shall be documented by the Subdivision Administrator and staff. Reasons for any required modification or denial of plats shall be communicated to the subdivider/applicant. Any plats denied by Planning Board shall be final. A new application and preliminary plat will be needed for future approval. Any modifications required as part of an approval shall be provided by the subdivider/applicant to the Subdivision Administrator and staff as part of an updated preliminary plat prior to recording of final plat or development.
(H) All approvals shall be indicated on the three prints of the preliminary plat. One print shall be returned to the subdivider, one shall be filed with the City Clerk, and one print shall become a permanent record of the Planning Board, filed with the Subdivision Administrator.
(I) Following the filing of the approved preliminary plat, the Subdivision Administrator shall assist the subdivider/applicant with planning for submission and approval of any necessary detailed civil or engineered plans, determination and acceptance of sureties and the acceptance and recording of final subdivision plat(s).
(J) The preliminary plat shall be valid as approved by Planning Board for two years, except as otherwise provided by state statute. Following this time the approved preliminary plat must be resubmitted as part of a new application and reviewed and approved by the Planning Board again before any final plats may be approved, except as where state statute provides otherwise. Any major amendments or revisions to the approved preliminary plat following action by Planning Board must also be resubmitted and approved.
(‘58 Code, § 14-5) (Am. Ord. 94-20, passed 9- 19-94; Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 24-06, passed 2-19-24)
Prior to the recordation, sale or transfer of any newly created lots or other parcels of land within city limits, all subdivisions (exempt, minor and major) shall receive final plat review and approval by the Subdivision Administrator.
No street shall be accepted and maintained by the city, nor shall any street lighting, water, or sewer be extended to or connected with any subdivision of land as defined herein, nor shall any permit be issued by the administrative agent or department of the city, for the construction of any building or other improvement requiring a permit, upon any land concerning which a plat is required to be approved unless and until the final plat has been approved by the Planning Board or other party as provided for by city ordinance, and a final plat has been approved by the Subdivision Administrator. The procedure for obtaining final plat approval is as follows.
(A) Prior to expiration of preliminary plat approval, the subdivider shall submit to the Subdivision Administrator a final plat, for the entirety of or any portion of the land included in the approved preliminary plat, which includes the following:
(1) At least three black- or blueline prints of the proposed final plat for the entirety of or any portion of the approved preliminary subdivision prepared in accordance with the requirements of § 91.15. Additional prints may be required when deemed necessary.
(2) Two signed statements describing the proposed use of the land and a draft, if required by the Subdivision Administrator, of any protective covenants to be applied to the subdivision.
(3) A digital copy of all black- or blueline prints of the proposed subdivision and all supplemental documents submitted with the application. Copy may be submitted on disc, email or any other method deemed appropriate by the Subdivision Administrator.
(B) Within a reasonable amount of time, the Subdivision Administrator shall review and approve or deny the final plat. Final plats meeting all requirements of this chapter shall be approved. Final plats may be denied or held by the Subdivision Administrator for the following reasons:
(1) As drawn, the plat does not comply with applicable state statute, city ordinance or requirements of City Council or the Planning Board.
(2) There are major changes from the preliminary plat including:
(a) Increase in overall units for the proposed area;
(b) Significant decrease in the average size of the units in the proposed area;
(c) Significant changes to road orientation, dimensions, alignment or access points;
(d) Decrease in any approved amenities such as sidewalks and designated open space in the proposed area; and
(e) The character of the area or nature of the development has significantly changed.
(3) The plat is missing any of the information required for recording final plats.
(4) Subdivider has not provided the required items as deemed necessary, including:
(a) Surety for guarantee of completion of project(s);
(b) Covenants and/or deed restrictions;
(c) Documents formalizing establishment of HoA or other agency responsible for maintenance of common areas and other common amenities and/or infrastructure; and
(d) Formal documentation of any other easements or agreements.
(C) The Subdivision Administrator shall notify the subdivider of their decision to approve or deny the final plat. In the case of denial, the Administrator shall site the specific city ordinance pertaining to the denial.
(D) Following denial of a final plat, it shall be at the discretion of the subdivider to make changes and resubmit a new final plat to the Subdivision Administrator that conforms to the requirements of this section, or to resubmit the denied final plat to the Planning Board for approval. When major changes are proposed in the final plat of a phased subdivision which will affect future phases, the subdivider may also choose to resubmit the preliminary plan in accordance with § 91.06.
(E) Once approved, the final plat shall be properly signed and executed as required for recording by the Register of Deeds of Stanly County, who shall comply with G.S. 160A-373. The approved final plat must be recorded by the subdivider with the Register of Deeds of Stanly County within six months after approval.
(‘58 Code, § 14-6) (Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22; Am. Ord. 24-06, passed 2-19-24) Penalty, see § 10.80
For any replatting or resubdivision of land, the same procedure, rules, and regulations shall apply as prescribed herein for an original subdivision, except that lot sizes may be varied on an approved plan after recording, provided that the following are complied with.
(A) No lot or tract of land shall be created or sold that is smaller than the size shown on the approved plan.
(B) Drainage, easements, or rights-of-way shall not be changed.
(C) Street alignment and block sizes shall not be changed.
(D) The property lines between the back of the lots shall not be changed.
(E) The rear position of lots shall not be subdivided from the front yard.
(F) The character of the area shall be maintained.
(‘58 Code, § 14-7) (Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
Loading...