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The preliminary plat shall be at a scale of 100 feet to one inch and will be drawn on a sheet 14 inches by 18 inches or 18 inches by 24 inches, or any other size acceptable to the Register of Deeds of Stanly County. The preliminary plat shall be prepared by a registered surveyor or engineer and shall show the following.
(A) The location of existing and platted property lines, streets, buildings, watercourses, railroads, transmission lines, sewers, bridges, culverts, and drainpipes, water mains, city limit lines, and any public utility easements.
(B) Boundaries of tract shown with bearings, distances, and closures.
(C) Wooded areas, marshes, and any other physical condition affecting the site.
(D) Names of adjoining subdivision or property owners.
(E) Zoning classification, if any, both on the land to be subdivided and on adjoining lands.
(F) Proposed streets, street names, rights-of-way, pavement widths, and approximate grades.
(G) The location (layout) of proposed utilities (sewer, water, gas, electricity), showing connections to existing systems or location plans for individual water supply, sewage disposal, storm drainage, and the like.
(H) Other proposed rights- of-way or easements, location, widths, and purposes.
(I) Proposed lot lines, lot and block number, and approximate dimensions.
(J) Proposed minimum building setback lines.
(K) Proposed parks, school sites, or other public open spaces, if any.
(L) Title, date, north point, and graphic scale.
(M) Name of owner, surveyor, engineer, or land planner.
(N) Site data.
(1) Acreage in total tract.
(2) Acreage in park or other land usage.
(3) Average lot size.
(4) Total number of lots.
(5) Lineal feet in streets.
(O) Sketch vicinity map showing relationship between subdivision and surrounding area.
(P) Forms for preliminary certification. The following certificates shall be lettered or rubber stamped on the preliminary plat. Plat shall include additional certifications from any other parties as deemed necessary by the Subdivision Administrator.
(1) Certificate of accuracy. (As required under G.S. 47-30, as amended.)
Date Engineer or registered surveyor
(2) Certificate of ownership and dedication. I (We) hereby certify that I am (we are) the owner(s) of the property shown and described hereon and that I (we) hereby adopt this plan of subdivision with my (our) free consent, establish minimum building lines, and dedicate all streets, alleys, walks, parks, and other sites to public or private use as noted. Further, I (we) certify the land as shown hereon is within the planning jurisdiction of the City of Albemarle, North Carolina.
Date Owner Date Owner
(3) Certificate of approval by the Planning Board. I, , chairman of the Planning Board, hereby certify that the said board fully approved the preliminary plat of the subdivision entitled , on the day of , 20 .
Date Chairman
Following its approval, final plat(s) may be recorded and City Council shall accept the dedication of streets, easements, rights-of-way and public parks and other sites for public purposes, as shown hereon, but assume no responsibility to open or maintain the same until, in the opinion of the City Council of the City of Albemarle, it is in the public interest to do so.
Date City clerk
(‘58 Code, § 14-14) (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)
The final plat shall be drawn on linen or mylar with India ink, at the same scale and on the same sheet size as the preliminary plat as approved. The final plat shall constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time; however, that portion shall conform to all requirements of this chapter. The final plat shall be prepared by a registered surveyor or engineer and shall show the following information.
(A) The lines and names of all streets and roads.
(B) Lot lines and lot and block numbers.
(C) Minimum building setback lines.
(D) Reservations, easements, alleys, and any areas to be dedicated to public uses or sites for other than residential use, with notes stating their purpose and any limitations.
(E) Sufficient data to determine readily and reproduce on the ground the location, bearing, and length of every street line, lot line, boundary line (with errors of closure), block line, and building line, whether curved or straight, and including true north point. This should include the radius, central angle, point of tangent, tangent distance, and arcs and chords of all curved streets and curved property lines.
(F) All dimensions should be to the nearest 1/10 of a foot and angles to the nearest minute.
(G) Accurate location and description of all monuments and markers.
(H) The names and locations of adjoining subdivisions and streets, and the location and ownership of adjoining unsubdivided property.
(I) Title, date, name, and location of subdivision, and graphic scale.
(J) Name of subdivider, registered surveyor, engineer, or land planner.
(K) Utility layouts.
(1) Water.
(2) Gas.
(3) Sanitary sewer.
(4) Storm drainage.
(5) Electrical lines.
(L) Forms for final certification. The following certificate shall be lettered or rubber stamped on the final plat. Final plat shall include any additional certifications from any other parties as deemed necessary by the Subdivision Administrator.
(1) Certificate of accuracy. (As required under G.S. 47-30, as amended.)
Date Engineer or registered surveyor
(2) Certificate of ownership and dedication. I (We) hereby certify that I am (we are) the owner(s) of the property shown and described hereon and that I (we) hereby adopt this plan of subdivision with my (our) free consent, establlsh minimum building lines, and dedicate all streets, alleys, walks, parks, and other sites to public or private use as noted. Further, I (we) certify the land as shown hereon is within the planning jurisdiction of the City of Albemarle, North Carolina.
Date Owner Date Owner
(3) Certificate of approval for recording plan and acceptance of dedications. I, , the designated subdivision administrator of the City of Albemarle, North Carolina, do certify that this final plat has been approved for recording and accepted for the dedication of streets, easements, rights-of-way and public parks and other sites for public purposes as shown hereon; however, the City of Albemarle assumes no responsibility to open or maintain the same until, in the opinion of the City Council of the City of Albemarle, it is in the public interest to do so.
Date Subdivision administrator
(4) Insite septic tanks. The Stanly County Health Department has evaluated each lot in the subdivision for onsite septic tank suitability. As of (date), based on conditions noted in site evaluation sheet number , each lot is suitable for a septic system not to exceed (no.) bedroom house.
Date County Health Officer or Legal Representative
(5) Certification of the approval of the installation and construction of streets, utilities, and other required improvements. I hereby certify:
(a) That streets, utilities, and other required improvements have been installed in an acceptable manner and according to city specifications and standards in the subdivision entitled ; or
(b) That a guarantee of the installation of the improvements in an amount or manner satisfactory to the City of Albemarle has been received.
(1)
Date City engineer
(2)
Date City clerk
(‘58 Code, § 14-15) (Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
The standards and requirements of this chapter may be modified by the Planning Board in the case of a plan or program for a complete group development, which in the judgment of the Board, provides adequate public spaces and improvements for the circulation, recreation, light, air, and service needs of the tract when fully developed and populated, and which also provides any covenants or other legal provisions as will assure conformity to and achievement of the plan. However, individual lots within a townhouse development shall be exempt from minimum lot widths and setback requirements of § 92.120.
(‘58 Code, § 14-16) (Am. Ord. 87-19, passed 8-17-87; Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
Where, because of topographical or other conditions peculiar to the site, strict adherence to the provisions of the regulations of this chapter would cause an unnecessary hardship, the Planning Board may conduct a quasi-judicial hearing and authorize a variance, if the variance can be made without destroying the intent of this chapter. Any variance thus authorized is required to be entered in writing in the minutes of the Planning Board and the reasoning on which the departure was justified set forth.
(‘58 Code, § 14-17) (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)
(A) Any person who, being the owner or agent of the owner of any land located within the platting jurisdiction granted to the city transfers or sells land by reference to a plat showing a subdivision of the land before the plat has been approved by the Planning Board (or City Council as applicable by ordinance) and recorded in the office of the Register of Deeds, shall be subject to the penalties in § 10.80, and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. Building permits required pursuant to G.S. 160A-417 may be denied for lots that have been illegally subdivided. In addition to other remedies, a city may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent any illegal act or conduct.
(B) The provisions of this section shall not prohibit any owner or its agent from entering into contracts to sell or lease by reference to an approved preliminary plat for which a final plat has not yet been properly approved under this chapter or recorded with the Register of Deeds, provided the contract does all of the following:
(1) Incorporates as an attachment a copy of the preliminary plat referenced in the contract and obligates the owner to deliver to the buyer a copy of the recorded plat prior to closing and conveyance.
(2) Plainly and conspicuously notifies the prospective buyer or lessee that a final subdivision plat has not been approved or recorded at the time of the contract, that no governmental body will incur any obligation to the prospective buyer or lessee with respect to the approval of the final subdivision plat, that changes between the preliminary and final plats are possible, and that the contract or lease may be terminated without breach by the buyer or lessee if the final recorded plat differs in any material respect from the preliminary plat.
(3) Provides that if the approved and recorded final plat does not differ in any material respect from the plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than five days after the delivery of a copy of the final recorded plat.
(4) Provides that if the approved and recorded final plat differs in any material respect from the preliminary plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than 15 days after the delivery of the final recorded plat, during which 15-day period the buyer or lessee may terminate the contract without breach or any further obligation, and may receive a refund of all earnest money or prepaid purchase price.
(C) The provisions of this section shall not prohibit any owner or its agent from entering into contracts to sell or lease land by reference to an approved preliminary plat for which a final plat has not been properly approved under this chapter or recorded with the Register of Deeds, where the buyer or lessee is any person who has contracted to acquire or lease the land for the purpose of engaging in the business of construction of residential, commercial, or industrial buildings on the land, or for the purpose of resale or lease of the land to persons engaged in that kind of business, provided that no conveyance of that land may occur and no contract to lease it may become effective until after the final plat has been properly approved under this chapter and recorded with the Register of Deeds.
(D) The subdivisions approvals, and all other development approvals herein, shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable local development regulation or any state law delegated to the local government for enforcement purposes in lieu of the state; or for false statements or misrepresentations made in securing the approval. The Subdivision Administrator shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval. Any development approval mistakenly issued in violation of an applicable state or local law may also be revoked. The revocation of a development approval by a staff member may be appealed pursuant to § 92.150.
(‘58 Code, § 14-18) (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. 22-01, passed 1-3-22; Am. Ord. 24-06, passed 2-19-24)
This chapter may be amended from time to time by the City Council, but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Planning Board for review and recommendation. The Planning Board shall have 30 days within which to submit its report. If the Planning Board fails to submit a report within the specified time, it shall be deemed to have approved the amendment.
(‘58 Code, § 14-19) (Am. Ord. 16-48, passed 11-21-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
(A) Purpose. The purpose of cluster development is to permit a procedure for development which will result in improved living and working environments; will promote more economic subdivision layout; will encourage a variety of types of residential dwellings; will encourage ingenuity and originality in total subdivision and individual site design; and can preserve open space to serve recreational, scenic, and public service purposes, and other purposes related thereto, within the densities established for the cluster net tract area. Cluster subdivisions allow for higher concentration of residential uses and should thus be of a higher standard of development.
(1) Variations in lot sizes are permitted.
(2) Procedures are established to assure adequate maintenance of open space areas for the benefit of the inhabitants of the subdivisions.
(B) Dwelling types and acreage.
(1) Only single-family attached and detached residential dwellings and duplexes that are allowed in the respective residential district may be permitted in cluster developments.
(2) Cluster developments shall consist of at least a five-acre tract, except that cluster developments that are found by the Planning Board to be a logical extension of an existing or approved cluster development, may contain a smaller acreage.
(3) The final size and dimension of each and every lot within the cluster shall reside with the developer, however in no case shall any lot size or dimension be reduced by more than 50% as required for the proposed use/dwelling type in its respective zoning district. Further, in no case shall any lot for the purpose of residential use be reduced to a size or dimension that is unbuildable per city subdivision and zoning ordinances.
(C) Maximum number of lots. To determine the maximum number of lots, subtract 20% (the approximate area needed for roadways and standard open space requirements) from the gross area of land to be developed; divide by the minimum lot size within the respective district for the proposed use/dwelling type. When a development features more than two zoning districts or housing types separate calculations shall be provided for each district or area.
(D) Subdivision approval required. No cluster development may be constructed except in accordance with a preliminary subdivision plat approved by the Planning Board, and then a final plat approved by the Subdivision Administrator.
(E) Modification of yard and lot requirements. Such modifications or reductions are permitted so long as they are indicated in the preliminary subdivision plat; however, the particular yard (normally the back or side) abutting the boundary of the entire cluster development site shall not be less than the minimum requirement for the R-10 district.
(F) Common or open space.
(1) Open space standards. At the discretion of the developer, a cluster development may utilize a range of lot sizes not in conflict with division (B) above, and provided further that common area, at a minimum, equal to the reduction in required lot size shall be designated as a park or open space. Such parks or open space shall be held and maintained in nonprofit corporate ownership by the owners of the lots within the development, unless otherwise agreed upon by the city.
(2) Open space features. No more than half of the common area designated as park or open space may contain site constraints making it otherwise undevelopable for residential use. This includes steep grades, floodplains and wetland areas and stormwater and infrastructure uses. Such land may be set aside as natural or passive use amenities. The remainder of designated common area shall be added to the lands required by the standard open space provisions of this chapter and shown on the plan in accordance with those requirements. Additionally, the open space provisions for each cluster subdivision shall include amenities of a higher intensity use than those of typical subdivisions. This may include playgrounds, picnic benches, courts, fields, gardens and other amenities.
(3) In consideration of the purposes served by a cluster development, the title to such areas as provided shall be preserved to the perpetual benefit of the private properties in the development, and shall be restricted against private ownership for any other purposes. Improvements clearly incidental to the purposes of these provisions may be made within the open space, provided that the maximum coverage of such improvements shall not exceed 25% of the open space.
(4) Access to open space. All lots created within the development shall have direct access to all parks or open space as provided by means of public streets, dedicated walkways, facts of physical contiguity, other public lands, or lands in common ownership by all residents.
(5) Open space provisions. Where the open space is to be deeded to a homeowners' association or other such nonprofit ownership, the developer shall file a declaration of the covenants and restrictions that will govern the open space and the association or nonprofit organization. This declaration shall be submitted with preliminary plat approval and shall include, but not be limited to, the following:
(a) The homeowners' association or the nonprofit organization shall be established before any lots are sold;
(b) Membership shall be mandatory for each lot buyer and any successive buyer;
(c) The association shall provide for liability insurance, any taxes, and maintenance of grounds and facilities; and
(d) Any sums levied by the association that remain unpaid shall become a lien upon the lot owner's property.
(G) Sidewalks. All cluster subdivisions shall feature five-foot sidewalks on both sides of all interior streets and along the development side of exterior streets.
(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)
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