(A) Minor subdivisions.
(1) Information. The minor subdivision shall be reviewed and approved in accordance with the provisions of this section; provided that, the applicant not own, have a lease, hold an option on or hold any legal or equitable interest in any property adjacent to or located directly across a street, easement, road or right-of-way from the property to be subdivided. Furthermore, the minor subdivision review procedure may not be used a second time within three years of final plat approval on any property less than 1,500 feet from the original property boundaries by anyone who owned, had an option on or any legal interest in the original minor subdivision at the time the subdivision received final plat approval. Prior to recording a final plat for a minor subdivision, the applicant shall submit and provide the following information to the subdivision administrator:
(a) Evidence that the proposed minor subdivision meets the definition in § 151.05 of this chapter and the standards in this division (A);
(b) Three copies of the surveyed final plat of the tract to be subdivided. The final plat shall be prepared by a registered land surveyor currently licensed and registered in the state and shall conform to the provisions for plats, subdivisions and mapping requirements set forth in G.S. § 47-30 and the standards of practice for land surveying in the state;
(c) Method of providing access to each tract from an existing public road;
(d) Conformance to the minimum lot size and dimensional requirements of this chapter;
(e) Evidence from the county’s Health Department that the proposed lots are adequate for the provision of individual wells and septic systems when public water or sewer service is not available to the proposed subdivision;
(f) Topographic mapping with contour intervals not exceeding five feet for tracts that exceed 16% slope; and
(g) Conformance with Ch. 150 of this code of ordinances for tracts located in the flood hazard area.
(2) Review approval. The subdivision administrator is hereby authorized to approve the minor subdivision upon finding that said subdivision meets the requirements of this section. The subdivision administrator shall certify the approval of the minor subdivision and the approved plat shall be signed by the Mayor of the town. Upon certification by the subdivision administrator and with the signature of the Mayor, the applicant shall have the approved final plat recorded by the Register of Deeds of the county within 30 days of said approval.
(3) Appeal. If the minor subdivision is disapproved by the subdivision administrator, or if variances are requested, the minor subdivision shall be reviewed by the Planning Board and submitted to the Town Council for approval or disapproval, or for consideration of any requested variance.
(B) Minor subdivisions for conveying property to heirs.
(1) Information. The minor subdivision for conveying property to heirs shall be reviewed and approved by the subdivision administrator in accordance with the provisions of this section. The applicant for said subdivision shall submit the following to the subdivision administrator:
(a) Evidence that the proposed subdivision conforms with the definition in § 151.05 of this chapter;
(b) Three copies of the surveyed final plat of the tract to be subdivided. The final plat shall be prepared by a registered land surveyor currently licensed and registered in the state and shall conform to the provision for plats, subdivisions and mapping requirements set forth in G.S. § 47-30 and the standards of practice for land surveying in the state;
(c) Methods of providing access to each tract or lot from an existing public or private road; provided that, any access shown not be less than a 45-foot right-of-way, except as herein provided:
1. The total acreage of property to be served by the extension of an existing substandard road, recorded prior to 9-11-1978 shall not exceed a maximum of seven acres or not more than five lots;
2. Said existing road cannot be feasibly extended to adjacent properties outside of the subdivision for heirs because of topography or other physical conditions; and
3. Said road extension shall not exceed a grade of 18%, a right-of-way width which is less than the existing road right-of-way but in no case less than 20 feet, and a maximum length not to exceed 500 feet.
(d) All lots or tracts in the proposed subdivision shall conform to the minimum lot size and dimensional requirements of this chapter.
(2) Review and approval. The subdivision administrator is hereby authorized to approve the minor subdivision for conveying property to heirs upon finding that said subdivision meets the requirements of this section. The subdivision administrator shall certify the approval of said subdivision and the approved plat shall be signed by the Mayor of the town. Upon certification by the subdivision administrator and with the signature of the Mayor, the applicant shall have the approved final plat recorded by the Register of Deeds of the county within 30 days of said approval.
(3) Appeal. If the minor subdivision for conveying property to heirs is disapproved by the subdivision administrator, or if variances are requested, said subdivision shall be reviewed by the Planning Board and submitted to the Town Council for approval or disapproval, or for consideration of any requested variance.
(C) Special subdivisions.
(1) Information. The special subdivision shall be reviewed and approved in accordance with the provisions of this section by the subdivision administrator, except when said subdivision is a part of a planned residential development or a planned commercial development. The applicant for said subdivision shall submit the following to the subdivision administrator:
(a) Three copies of the surveyed final plat of the tract to be subdivided. The final plat shall be prepared by a registered land surveyor currently licensed and registered in the state and shall conform to the provisions for plats, subdivisions and mapping requirements set forth in G.S. § 47-30 and the standards of practice for land surveyors in the state;
(b) Documentation of the purpose and proposed use of the special subdivision in conformance with the definition in § 151.05 of this chapter;
(c) Documentation of the reasons for the creation of any lot or parcel which does not meet the minimum requirements of this chapter; and
(d) Any other information required by the subdivision administrator.
(2) Review and approval. The subdivision administrator is hereby authorized to approve special subdivisions upon finding that said subdivision meets the requirements of this section. The subdivision administrator shall certify the approval of said subdivision and the approved plat shall be signed by the Mayor of the town. Upon certification by the subdivision administrator and with the signature of the Mayor, the applicant shall have the approved final plat recorded by the Register of Deeds of the county within 30 days of said approval.
(3) Appeal. If the special subdivision is disapproved by the subdivision administrator, or if variances are requested, said subdivision shall be reviewed by the Planning Board and submitted to the Town Council for approval or disapproval, or for consideration of any requested variance.
(Ord. passed - -; Ord. passed 5-2-1988; Ord. passed 6-25-1992; Ord. passed 11-13-2000)