(A) “Major subdivisions” defined. All land subdivisions that are not exempted by state statute or previously described under the minor subdivision procedures shall be processed as a major subdivision.
(B) General submission requirements. Applications for sketch plat and final plat approval shall be submitted to the Administrator for completeness review. Sections 154.020 through 154.022 of this chapter outlines the information that is to be submitted with an application for any type of subdivision plat. The Administrator shall determine whether the application is complete and complies with the submission requirements set forth in §§ 154.020 through 154.022 of this chapter. If the application is incomplete or the submission requirements have not been complied with, the Administrator shall so notify the applicant, specifying the deficiencies. Incomplete and/or non-compliant submissions shall not be processed.
(C) Sketch plat submission procedures for major plats.
(1) The applicant shall schedule an appointment and meet with the Administrator to discuss a sketch plan. The Administrator shall also advise the applicant, when appropriate, to discuss the proposed subdivision with those officials who must eventually approve those aspects of the subdivision plat coming within their jurisdiction.
(2) The Administrator shall issue a notice to proceed only if the sketch plat complies with all applicable laws governing the subdivision of land and upon recommendation from the Director of Public Works or his or her designee. The approval shall include, as appropriate, recommended changes in the sketch plat to be incorporated into the preliminary plat to assist the applicant in obtaining preliminary plat approval from the Town Council. If the Administrator determines that the sketch plat does not comply with all applicable laws governing the subdivision of land and the applicant refuses to modify the sketch plat, the Administrator shall issue a notice of non-compliance. The Administrator shall issue either the notice to proceed or a notice of non-compliance not later than 20 days after the date on which the sketch plat was submitted to the Administrator. After receipt of a notice of approval, the applicant shall be eligible to file an application for approval of a preliminary plat, as provided in these regulations, before filing for final subdivision plat approval.
(D) Preliminary plat submission procedures for major plats.
(1) If the Administrator has issued a notice to proceed for a sketch plat for a major subdivision, then the subdivider may proceed with the preparation of a preliminary plat.
(2) Approval of a preliminary plat shall be required for any tract where the eventual platting of the property involves a major subdivision. No final plat shall be approved until a preliminary plat for the property has been approved.
(4) Upon final approval, a preliminary plat shall be made a matter of record as follows.
(a) The reasons for approval, disapproval or approval with conditions shall be maintained on file with the Administrator.
(b) The approved plat shall be indexed and filed by the Administrator.
(E) Scope of preliminary plat approval.
(1) Approval of the preliminary plat by the Town Council shall allow a subdivider to proceed with:
(a) The preparation of the final plat;
(b) Site preparation/grading (subject to obtaining grading permit and/or erosion control permit as required); and
(c) The installation of required improvements (subject to approval of construction drawings as described in division (E)(7) below).
(2) Approval of the preliminary plat by the Town Council without approved construction plans as set forth in division (K) below shall not constitute the necessary approval for submittal of the final plat.
(3) Should the plat be approved subject to conditions or labeling corrections, the plat shall be revised and resubmitted to the Administrator with all corrections within 60 days of the Town Council’s approval. Failure to return a corrected plat within this time period shall constitute a violation and shall be remedied in accordance with §§ 154.065 through 154.074 of this chapter. Additionally, no final plat may be approved until a corrected copy of the preliminary plat has been filed with the Administrator.
(4) The preliminary plat shall serve as a guide in the preparation of the final subdivision plat, which must be submitted for final approval and recordation upon fulfillment of the requirements of this chapter.
(5) The preliminary plat shall be valid for the period prescribed hereby. A preliminary plat shall become void if a final plat is not approved within the specified time period. Final approval of a phase or portion of a preliminary plat shall re-establish the date for measuring the time period of a preliminary plat approval.
(6) The Town Council may approve a staging plan extending the effective period of the preliminary plat approval up to two years where it is the intent of the landowners to proceed to final plats covering only a portion of the tract at any one time. Beyond two years, the applicant shall resubmit the preliminary plat to the Administrator for review by the Planning and Zoning Board and Town Council.
Time Limits for Major Subdivision Plat Approvals | |
Type of Approval | Time Limit of Approval |
Preliminary plat | Two years to get final plat approved |
Final plat | 30 days to record |
(7) The Town Council may grant a one-year extension after a review and recommendation by the Planning and Zoning Board. After expiration of a one-year extension, a previously approved preliminary plat shall become void.
(F) Revising approved preliminary plats.
(1) Minor amendments. The Administrator shall have the authority to approve the following deviations from an approved preliminary plat and subject to the conditions below and as listed in division (F)(2) below:
(a) A change in the location of not more than 10% of the number of lots;
(b) A change in the location of any part of open space acreage of not more than 10% of the gross acreage;
(c) A change in the location of any part of proposed street alignment and lot configuration of not more than 10% of the gross acreage so long as the number of external access points is not decreased and the minimum street connectivity ratio is maintained; or
(d) Changes are restricted to within internal parcel boundaries and shall not affect external property lines.
(2) Filing and approval. All other changes to an approved preliminary plat that do not meet the standards of division (G) below shall require the filing and approval of a new preliminary plat.
(G) Final plat submission procedures for major plats.
(1) There shall be a final plat for each subdivision which receives preliminary plat approval. No final subdivision plat shall be recorded until a final plat has been approved as provided in this section.
(2) The materials required by §§ 154.020 through 154.022 of this chapter shall be submitted to the Administrator for a determination as to whether it complies with the approved preliminary plat. The subdivider may submit final plat copies for only that portion of the approved preliminary plat which is proposed for recordation and development at that time, if such portion conforms to all requirements of this chapter. The final plat shall conform to the approved preliminary plat. Any deviation from the approved preliminary plat which does not constitute a minor amendment as set forth in division (F)(1) above shall require additional review the Planning and Zoning Board and approval by the Town Council.
(3) The Administrator may find the application incomplete if:
(b) The final plat does not conform to the conditions attached to approval of the preliminary plat; or
(c) The plat is in conflict with the provisions of this chapter and no variance been approved.
(4) Upon submittal of the copies of the final plat and other required materials, the Administrator shall review the application for completeness and shall initiate and coordinate review by affected town and state agencies in order to determine substantial compliance with the approved preliminary plat and general compliance with the provisions of this chapter and other applicable laws and regulations.
(5) The final plat and related materials shall be approved or disapproved by the Administrator within the time period set forth herein. Approval shall be in the form of a written letter to the subdivider (or contact person as listed on application) advising that the final plat meets all town and state requirements and that the original of the final plat may be submitted to the Administrator.
(6) The Administrator shall sign the plat. The action of the Administrator shall be noted on all copies of the final plat to be retained as required for records or further action of the department or other affected agencies of the town or state. Following execution of the final plat, the applicant shall record it with the Register of Deeds.
(7) Except as provided in division (O) below, all applicants shall be required to complete, to the satisfaction of the Administrator and Director of Public Works or their designee, all street, sanitary, and other public improvements of the subdivision as required by this chapter before the final plat is recorded.
(8) As a condition of final plat approval, the Administrator may require the applicant to: in the event the applicant is unable to complete the required improvements, and such improvements are deemed necessary for the preservation of the public health and safety, the town may compel the delivery of the deed and guarantees in order to complete the improvements as required.
(9) (a) The final subdivision plat application shall be accompanied by all formal irrevocable offers of dedication to the public of all streets, local government uses, utilities, parks and easements, in a form approved by the Town Attorney; and the subdivision plat shall be marked with a notation indicating the formal offers of dedication as follows:
(b) The applicant shall deliver a full covenant and warranty deed to all dedicated lands and improvements in proper form for recording.
(10) In addition to the criteria as set forth in § 154.035 of this chapter, the Administrator shall not approve a final plat unless and until satisfactory evidence is filed that the final plat is in a form acceptable for recording with the Register of Deeds, and that all improvements have been satisfactorily installed or subdivision improvement agreements have been signed by the applicant. The subdivider will also be required to submit a final subdivision plat fee, payment of all design costs for improvements, and appropriate performance surety.
(11) The final plat shall comply with any staging or sequence plan set forth in the preliminary plat.
(12) The applicant shall place reference monuments in the subdivision as required by G.S. § 47-30.
(H) Phasing of a preliminary plat. Whenever a subdivider applies for approval of a final plat which contains only a portion of the land encompassed in the approved preliminary plat, the final plat shall coincide with phase lines as established on the preliminary plat. Phasing of a preliminary plat shall not be permitted unless the phase lines are established and approved under the action of the Town Council.
(I) Recording a final plat.
(1) Within the time period prescribed hereby, after final plat approval, the applicant shall file the plat with the Register of Deeds as provided by law. The final plat approval shall expire within the above-referenced time period, unless the Administrator has granted an extension. Failure to record the final plat within the time frame noted shall cause the final plat approval to be void and shall require a new application.
(2) The applicant shall return a reproducible (Mylar) copy of the recorded plat to the office of the Administrator.
(3) Final plats for major subdivisions shall be reviewed by a Review Officer in the same manner as set forth in G.S. § 47-30(g).
(J) Scope of approval for final plat.
(1) Approval of the final plat for a subdivision or section thereof shall not be deemed to be acceptance by the town or state of any street, alley, public space, utility or other physical improvements shown on the final plat and engineering plans for the maintenance, repair or operation thereof. (See division (M) below for acceptance.)
(2) No zoning clearance permit or building permit shall be issued or approved until the expiration of ten business days after a final plat has been recorded. The purpose of this time period is to permit the assignment of addresses and PINs (parcel identification numbers) in the Land Records Office of the county.
(K) Construction plans.
(1) Following approval of the preliminary plat, the applicant shall have prepared, by a professional engineer, registered in the state, construction plans, consisting of complete construction drawings and specifications of all easements, streets, traffic-control devices, street lights, sanitary sewers, storm water facilities, water system facilities, sidewalks and other improvements required by §§ 154.085 through 154.089 of this chapter and any additional technical manuals as adopted by the town. Construction plans shall be submitted to the Director of Public Works or his or her designee for review and approval as an administrative permit. All improvements required pursuant to these regulations shall be constructed in accordance with the applicable requirements of this chapter and, where applicable, the requirements and authorization of the appropriate state agency, utility company or local franchisee.
(2) The Administrator shall delegate the authority to review and approve all construction plan applications to the Director of Public Works or his or her designee.
(3) All installations of improvements shall conform to the approved construction plans. If the applicant chooses to make modifications in design and/or specifications prior to construction, such changes shall be subject to review and approval by the Director of Public Works or his or her designee. It shall be the responsibility of the applicant to notify the Administrator in advance of any changes to be made from the approved drawings. In the event that actual construction work deviates from that shown on the approved construction plans, such unapproved work shall constitute a violation of this chapter and shall be remedied in accordance with §§ 154.065 through 154.074 of this chapter. The applicant shall be required to correct the installed improvements to conform to the approved construction plans. In addition, the Administrator may take such other actions as may be deemed appropriate including, but not limited to, revocation of permits already issued and/or withholding of future approvals and permits until the violation is corrected.
(4) Prior to final inspection of the required improvements, the applicant shall submit to the Administrator one electronic version and two prints of as-built engineering drawings for each of the required improvements that have been completed. Each set of drawings shall be re-certified by the applicant’s engineer indicating the date when the as-built survey was made.
(a) As-built drawings shall show the constructed vertical elevation, horizontal location and size of all sanitary and storm sewers, manholes, inlets, junction boxes, detention basins and other appurtenances or elements of the sewerage and storm drainage systems constructed to serve the subdivision. In conjunction with the submittal of engineering plans and specifications, the subdivider shall be required to demonstrate compliance with the sedimentation control standards of the overall area proposed to be developed. The subdivider shall cause all grading, excavations, open cutting and similar land surface disturbances to be mulched, seeded, sodded or otherwise protected to ensure compliance with the county’s sedimentation control standards. No work shall be initiated relative to the preparation of land or the installation of general improvements until such time as all aspects of the subdivider’s engineering plans and sedimentation control proposals have received approval.
(b) As-built drawings shall depict water lines, valves, fire hydrants and other appurtenances or elements of the water distribution system constructed to serve the project. Such information shall include the horizontal location and size of water lines and location and description of valves with dimensional ties.
(c) As-built drawings shall depict the location of all street rights-of-way, alignments, widths and vertical elevations.
(d) As-built drawings shall show all control points and monumentation.
(L) Inspection of improvements.
(1) During the preparation of land and the installation of general improvements, periodic inspections shall be made to ensure conformity with the approved plans, specifications and standards. Appropriate agencies of the town and state may make inspections at any time during the progress of work.
(2) All improvements required by these regulations shall be inspected prior to acceptance by the town. Where inspections are made by individuals or agencies, other than the Director of Public Works or his or her designee, the applicant shall provide the Director of Public Works or his or her designee with written reports of each final inspection. The developer shall pay for a third party inspector acceptable to the town to perform daily inspections on all construction performed.
(3) Prior to beginning construction, the applicant shall arrange with the Director of Public Works or his or her designee a pre-construction meeting for the purpose of coordinating construction activities.
(4) It shall be the responsibility of the applicant to notify the Director of Public Works or his or her designee of the commencement of construction of improvements one full working day prior thereto. Inspections shall be required at each of the following stages of construction or as otherwise determined through and owner contract or development improvement agreement:
(a) Site grading/erosion control completion;
(b) Underground utility installation;
(c) Subgrade preparation prior to aggregate base installation;
(d) Aggregate base compaction;
(e) Concrete curb and gutter installation;
(f) Bituminous binder placing; and
(g) Final surfacing prior to seal coat.
(5) The applicant or the bonded construction contractor shall bear full and final responsibility for the installation and construction of all required improvements according to the provisions of these regulations and the standards and specifications of other public agencies.
(M) Acceptance of improvements.
(1) Approval of the installation of improvements by the Director of Public Works or his or her designee shall not constitute acceptance by the town of the improvement for dedication purposes. The installation of improvements in any subdivision shall, in no case, serve to bind the town to accept such improvements for maintenance, repair or operation thereof. Such acceptance shall be subject to the existing regulations concerning the acceptance of each type of improvement.
(2) The specific standards for acceptance of easements shall be subject to the technical design standards of this chapter and any other adopted policy or manual of the town. All easements shall be in full compliance with this chapter prior to acceptance.
(3) The town shall not have any responsibility with respect to any street, or other improvement, notwithstanding the use of the same by the public, unless the street or other improvements have been accepted.
(4) Only when improvements have been constructed in accordance with the requirements and conditions of these regulations and the specifications of this chapter, a minimum of 80% build-out along the public street has been achieved, and the applicant has submitted as-built drawings to the Director of Public Works or his or her designee, shall the Town Council accept the improvements for maintenance by the town; except that, this shall not apply to improvements maintained by another entity.
(5) These provisions shall not be construed to relieve the subdivider or the subdivider’s agent or contractor of any responsibility in notifying any agency for the town of completed work and formal request for inspection of same. The agency having jurisdiction shall inspect and approve all completed work prior to the release of any applied performance sureties.
(N) Site cleanup. The applicant shall be responsible for removal of all equipment, material and general construction debris from the subdivision and from any lot, street, public way or property therein or adjacent thereto. Dumping of such debris into sewers, onto adjacent property or onto other land in the town is prohibited.
(O) Subdivision improvement agreements.
(1) The Administrator shall delegate the authority to review and approve all subdivision improvement agreements to the Director of Public Works or his or her designee.
(2) The Director of Public Works or his or her designee may delay the requirement for the completion of required improvements prior to recordation of the final plat if the applicant enters into a subdivision improvement agreement by which the applicant covenants and agrees to complete all required on-site and off-site public improvements no later than one year following the date upon which the final plat is recorded. Such period may be extended for up to an additional six months upon its expiration at the discretion of the Director of Public Works or his or her designee. The applicant shall bear the responsibility to prepare a subdivision improvement agreement. The Town Attorney shall approve any subdivision improvement agreement as to form.
(3) In order to provide for emergency access, no subdivision improvement agreement shall be approved, and no performance guarantee shall be accepted, until the base course for the streets within the applicable phase for which a final plat is proposed has been installed.
(4) At the discretion of the Director of Public Works or his or her designee, the Director of Public Works or his or her designee may enter into a subdivision improvement agreement with the applicant for a development containing multiple final plats concerning the timing and sequence of roadway, water, wastewater, drainage, public school and park or open space dedication and improvements. Notwithstanding any provision in this chapter to the contrary, the subdivision improvement agreement shall determine the time when the required improvement or dedication for multiple final plat developments shall occur.
(5) Whenever the Director of Public Works or his or her designee permits an applicant to enter into a subdivision improvement agreement, the applicant shall be required to provide sufficient security to ensure completion of the required public improvements, including, but not limited to, storm water facilities. The security shall be in the form of an irrevocable letter of credit, cash escrow or a surety bond.
(6) The letter of credit, cash escrow or surety bond shall be in an amount approved by the Director of Public Works or his or her designee as reflecting 125% of the cost of the improvements in the approved construction plan and shall be sufficient to cover all promises and conditions contained in the subdivision improvement agreement.
(7) In addition to all other security, when the town participates in the cost of an improvement, the applicant shall provide a performance bond from the contractor, with the town as a co-obligee.
(8) The issuer of any surety bond shall be subject to the approval of the Town Attorney and the Director of Public Works, or their designees.
(9) If security is provided in the form of a cash escrow, the applicant shall deposit with the Town Finance Director a cashier’s or certified check endorsed to the escrow agent for a face value in an amount not less than the amount specified by the Director of Public Works or his or her designee.
(10) The surety bond or cash escrow account shall accrue to the town for administering the construction, operation and maintenance of the improvements.
(11) Where oversized facilities are required, the Director of Public Works or his or her designee and applicant shall specify a reimbursement procedure in the subdivision improvement agreement.
(12) Upon completion of all improvements as covered by the subdivision improvement agreement, the Director of Public Works or his or her designee shall inspect the work. If the Director determines that the work is satisfactory and complete, the letter of credit, cash escrow or surety bond shall be released. The Director shall also require evidence from the subdivider that all contractors have been paid in full prior to the release of the performance security.
(13) If a subdivision improvement agreement has been executed and security has been posted and required public improvements are not installed pursuant to the terms of the agreement, the Director of Public Works or his or her designee may:
(a) Declare the agreement to be in default 30 days prior to the expiration of the guarantee instrument, and require that all public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default;
(b) Obtain funds pursuant to the surety and complete the public improvements by itself or through a third party;
(c) Assign its right to receive funds pursuant to the surety in whole or in part to any third party, including a subsequent owner of the subdivision or addition for whom the public improvements were not constructed, in exchange for the subsequent owner’s agreement to complete the required public improvements; and/or
(d) Any other rights available under the law.
(P) Maintenance guarantee.
(1) The Administrator shall delegate the authority to review and approve all maintenance bonds to the Director of Public Works or his or her designee.
(2) The applicant shall guarantee the improvements against defects in workmanship and materials for a period of one year after the final lift of asphalt has been installed. In exceptional situations, where undue hardship would otherwise result and the shorter term would not be inconsistent with the purposes of this chapter, the Director of Public Works or his or her designee may approve a shorter-term maintenance guarantee. The maintenance guarantee shall be secured by a surety bond or cash escrow in an amount reflecting 5% of the cost of the completed improvements.
(3) The applicant shall construct and pay for all costs of temporary improvements required by the Director of Public Works or his or her designee and shall maintain said temporary improvements for the period specified by the Director of Public Works or his or her designee.
(4) Thirty days prior to the expiration of the maintenance guarantee instrument, if any defects in workmanship and/or materials are not repaired to the satisfaction of the Director of Public Works or his or her designee, the subdivider shall be required to make all necessary repairs immediately.
(Q) Subdivision exceptions. (Applies only to preliminary plats for major subdivisions.)
(1) Where the Town Council finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve exceptions to these subdivision regulations so that substantial justice may be done and the public interest secured; provided that, the exception shall not have the effect of nullifying the intent and purpose of these regulations; and, further provided that, the Town Council shall not approve exceptions unless it shall make findings based upon the evidence presented to it in each specific case that:
(a) The granting of the subdivision exception will not be detrimental to the public safety, health or welfare or injurious to other property;
(b) The conditions upon which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property;
(c) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; and
(d) The relief sought will not in any manner vary the provisions of the Comprehensive Plan or official map; except that, those documents may be amended in the manner prescribed by law.
(2) In approving a subdivision exception, the Planning and Zoning Board and Town Council may require such conditions as will, in its judgment, secure substantially the purposes described in § 154.035 of this chapter.
(3) A petition for a subdivision exception shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for consideration. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(4) The Planning and Zoning Board shall first consider the application at a public meeting and the Town Council shall hold a public hearing and shall approve, approve with conditions or deny the subdivision exception. Said hearings before the Planning and Zoning Board shall be advisory and the Town Council shall be considered a quasi-judicial proceeding.
(5) The applicant may appeal the decision of the Planning and Zoning Board to the Town Council by filing a notice of appeal with the Administrator. If the applicant submits a notice of appeal, the Administrator shall schedule the application for a hearing before the Town Council. The Town Council shall consider the appeal of the decision of the Planning and Zoning Board at a public hearing and shall approve, approve with conditions or deny the application for a variance. Said hearings before the Town Council shall be considered a quasi-judicial proceeding.
Major Plat Review Process
(Includes step (1) preliminary plat and step (2) construction drawings. The next figure includes process for step (3) final plat)
Major Plat Review Process
(includes process for step (3) final plat. The previous figure includes process for step (1) preliminary plat and step (2) construction drawings)
(Ord. passed - -, § 1.4)