(a) Major subdivisions.
(1) Purpose and application. The major subdivision review process is required for those divisions of land into two or more lots where the extension of public streets or private streets built to City of Asheville standards is required. Review of the preliminary plat by the Technical Review Committee ("TRC") is required under the major subdivision review process. Review and approval of the final plat is done by the technical review staff.
(2) Pre-application procedure.
a. Conference. It is required that every applicant for a major subdivision meet with the designated staff in a conference prior to the submittal of a subdivision plat. The purpose of this conference is to provide clarification and assistance in the preparation and submission of plats for approval.
b. Sketch plan. A sketch plan shall be submitted to the development services department prior to or at the pre-application conference. Upon submittal of the sketch plan, the designated staff shall conduct an initial review to determine whether the proposed subdivision is a major subdivision.
c. Neighborhood Meeting. The prospective applicant shall meet with the surrounding community during the pre-application phase. No application for Level II development shall be accepted for review by the city unless the following criteria are met:
1. A community meeting shall be held with the surrounding residents of the proposed development site at least 14 days but not more than four months prior to any application submission to the city. This meeting shall follow the principals outlined in the “Neighborhood and Community Meeting Guide for Development” (Guide) as maintained by the city.
2. Notification requirements. The meeting shall be advertised as follows:
a. A sign meeting the requirements found in the guide shall be posted on each street frontage of the proposed development site at least 14 days prior to the meeting date; and
b. Mailed notice shall be sent to all physical addresses and property owners within 400 feet of the proposed development site. This notice shall follow the published template provided by the city; and
c. E-mailed notice shall be sent to any neighborhood association or organization on file with the city’s neighborhood services section at least 14 days prior to the meeting date; and
d. The prospective developer or designee shall register the neighborhood meeting with the city on a form provided by the city at least 14 days prior to the meeting date.
3. Evidence of compliance with this section shall be provided to the city on a form provided by the city prior to submittal of any application for Level II development.
(3) Preliminary plat/site plan submittal.
a. Plat/Site plan(s) required. A preliminary plat/site plan(s) for a proposed major subdivision shall be prepared by a professional land surveyor, licensed landscape architect, or licensed engineer and shall be prepared in accordance with the Unified Development Ordinance ("UDO"), the City of Asheville Standard Details and Specifications Manual, other applicable city ordinances, city policies and state law.
b. Filing of application. A complete application packet containing all information as required by the development services director shall be submitted according to the established schedule of the TRC prior to the technical review committee meeting at which it is to be reviewed.
c. Public notification.
1. Application. Notice of the major subdivision application shall be posted on the property at a conspicuous place at least seven days prior to the TRC meeting at which the major subdivision application will be considered. The sign shall state the words "Notice of Technical Review Meeting" in letters at least six inches high and shall identify the means to contact the appropriate city official or website for information about the application.
2. Decision. No later than ten days after a decision on the major subdivision application is made by the TRC, a copy of such decision shall be mailed to property owners within 200 feet pursuant to Section 7-5-20(b)(2).
d. Review and action at TRC. The preliminary plat of a proposed major subdivision shall first be reviewed by the designated staff for compliance with the subdivision regulations and other applicable provisions. Unless required to be reviewed by the HRC as set forth in subsection (e) below, the designated staff shall then present the preliminary plat to the TRC at the next regular meeting of the TRC following receipt of the application. Review of the preliminary plat by the TRC will be ministerial in nature, and limited to compliance with the regulations set forth in this UDO. The TRC may vote to approve, approve with conditions, or deny the preliminary plat. The preliminary plat decision is considered final on the date the TRC renders its decision.
Once the preliminary plat is approved, the applicant may proceed with infrastructure construction and final plat approval in accordance with such approval. If the preliminary plat is not approved, the TRC shall set forth in writing the reasons for denying approval of the plat.
e. Historic overlay districts and local historic landmarks. All lots of proposed subdivisions located in a historic overlay district or of land designated as a local historic landmark shall be reviewed by the Historic Resources Commission ("HRC") for issuance of a preliminary approval to ensure that any potential development on the proposed subdivided lot(s) that would require a certificate of appropriateness would not be incongruous with the special character of the historic district and/or local historic landmark in terms of building setback, orientation and consistency with the historic development pattern. HRC approval shall precede TRC review, if applicable. The process for HRC review of proposed subdivisions and preliminary approval shall be quasi-judicial; decisions shall be made based on the applicable ordinances and historic design standards guidelines. Subsequent to final subdivision approval, a separately issued certificate of appropriateness(s) will be required for any proposed construction and/or actual site development (if not included as part of the initial subdivision review) prior to issuance of building and zoning permits in accordance with section 7-5-11 of the City Code.
f. Approvals. Approval of the preliminary plat for major subdivisions shall be valid for two years from the date of approval by the TRC. The final plat for the major subdivision shall be approved and recorded prior to the end of this two-year period. An HRC approved subdivision shall be valid for two years from the date of approval by the HRC. Major subdivisions with more than 20 lots shall be exempt from this time limit as set forth in this section, but are instead subject to the phasing schedule appearing in the approved preliminary plat; however, under no circumstances shall this phasing period exceed five years.
(4) Guarantee in lieu of construction of improvements. In lieu of completion of construction of the required improvements and utilities prior to final plat approval, the property owner may submit to the city a performance guarantee as set forth in Article XV.
(5) Final plat. The final plat of a major subdivision shall be reviewed by the designated staff for compliance with the requirements of this chapter and for conformity with the approved preliminary plat. Substantial changes from the preliminary plat, as determined by the planning and development director, or their designee, shall require an additional review by the TRC, to ensure compliance with existing regulations. Provided the final plat is complete, and no further review is determined to be required, the designated staff shall act on the final plat of major subdivisions within 30 days of receipt of the plat. Following final plat approval, the applicant shall record the plat for the major subdivision in accordance with this subsection. No lots in a subdivision shall be sold prior to approval by the city and recording of a plat for the subdivision.
a. Recordation and signatures.
1. Signatures. Upon approval of a final plat for major subdivisions, the plat shall be signed in the appropriate place by the designated staff and by the owner(s).
2. Recordation. A final plat for major subdivisions must be recorded in the office of the Register of Deeds for Buncombe County in compliance with the North Carolina General Statutes within 30 days following approval by the city. No plat shall be considered finally approved until the plat has been recorded.
3. Phasing. Final plats for subdivisions developed in phases shall be recorded in accordance with the schedule set forth in the preliminary plat and approved by the TRC. The applicant may request, in writing, adjustments of the approved schedule and the designated staff may grant extensions of up to 12 months for each phase.
(6) Acceptance of rights-of-way and easements. The approval of a final plat does not constitute acceptance for maintenance or other purposes of improvements in rights-of-way, such as utility lines, street paving, drainage facilities, or sidewalks. Such improvements, when located within the corporate limits of the City of Asheville, may be accepted only by action by the City of Asheville City Council following inspection and approval.
(7) Open space dedication and acceptance. Land designated as public open space or a park on a plat shall be considered to be offered for dedication but not accepted until the Asheville City Council has by express action done so. Until such dedication has been accepted, such areas may be used for open space purposes by its owner or by an association representing owners of lots within the subdivision. Land so offered for dedication shall not be used for any purpose inconsistent with the proposed public use without the approval of the Asheville City Council.
(b) Minor subdivisions.
(1) Purpose. The minor subdivision review process is required for those divisions of land into two or more lots which do not require the extension of public streets or private streets built to City of Asheville standards. Review and approval of the subdivision plat by the staff permits a speedy review while insuring that the proposed subdivision meets all requirements established by the City of Asheville.
(2) Pre-application conference. It is recommended that every subdivision applicant meet with the designated staff in a conference prior to the submittal of a subdivision plat. The purpose of this conference is to provide clarification and assistance in the preparation and submission of plats for approval.
(3) Plan submittal.
a. Plan required. Plats for minor subdivisions shall be prepared by a professional land surveyor in accordance with all applicable city standards, including those set forth by the UDO, the City of Asheville Standard Details and Specifications Manual, other applicable city ordinances, city policies and state law.
b. Filing of application. Plats and a complete application packet containing all information established by the development services director for minor subdivisions shall be submitted to the development services department.
(4) Staff review. Unless review by the HRC is required by subsection (5) below, the plat for a proposed minor subdivision shall be reviewed by the designated staff for compliance with these subdivision regulations and other applicable provisions. The review shall also include compliance by the plat with other ordinances and regulations of the City of Asheville.
Provided the application is complete, the planning and development director shall take action on the plat of the proposed minor subdivision within ten working days of its submittal. Following approval, the applicant shall record the plat for a minor subdivision in accordance with this subsection.
(5) Historic overlay districts and local historic landmarks. All lots of proposed subdivisions located in a historic overlay district or of land designated as a local historic landmark shall be reviewed by the HRC for issuance of a preliminary approval to ensure that any potential development on the proposed subdivided lot(s) that would require a certificate of appropriateness would not be incongruous with the special character of the historic district and/or local historic landmark in terms of building setback, orientation and consistency with the historic development pattern. HRC approval shall precede TRC review, if applicable. The process for HRC review of proposed subdivisions and preliminary approval shall be quasi-judicial; decisions shall be made based on the applicable ordinances principles and historic guidelines. Subsequent to subdivision final approval, a separately issued certificate of appropriateness(s) will be required for any proposed construction and/or actual site development (if not included as part of the initial subdivision review) on the lot(s) prior to issuance of building and zoning permits in accordance with the provisions of section 7-5-11 of the City Code.
(6) Public notification. No public notification is required for minor subdivision review.
(7) Final plat approval.
a. Recordation and signatures.
1. Signatures. Upon approval of a plat for minor subdivisions, the plat shall be signed in the appropriate place by the designated staff and by the owner(s).
2. Recordation. A plat for minor subdivisions must be recorded in the office of the Register of Deeds for Buncombe County in compliance with the North Carolina General Statutes within 30 days following approval by the city. No plat shall be considered finally approved until the plat has been recorded. No lots in a subdivision shall be sold prior to approval by the city and recording of a plat for the subdivision.
(c) Fees. For all categories of subdivision, fees as established by the City of Asheville Fees and Charges Manual shall be due and payable when the application is submitted.
(d) Appeals. All appeals from preliminary and final plat approvals shall be to Buncombe County Superior Court in accordance with state law.
(e) Violations. Violations of the provisions of this section shall be subject to the enforcement and penalty provisions set forth in article XVIII of this chapter.
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2564, § 1, 4-27-99; Ord. No. 2724, § 1(a)—(c), 7-11-00; Ord. No. 3032, § 1(c), (d), 6-10-03; Ord. No. 3328, § 1(h), 1-24-06; Ord. No. 3374, §§ 1(f)—(h), 7-11-06; Ord. No. 3466, § 1(a), 4-24-07; Ord. No. 3572, §§ 1(f), (g), 1-8-08; Ord. No. 3708, § 1, 3-10-09; Ord. No. 3984, §§ 1b—d, 6-14-11; Ord. No. 4492, § 1b, 4-12-16; Ord. No. 4736, §§ 1a—c, 3-26-19; Ord. No. 4836, § 1(b), 10-27-20; Ord. No. 5020, § 1(a), 6-13-23)